Supreme Court delayed the Bombay High Court’s decision from October 14 to clear former Delhi University Professor G N Saibaba in a case involving his suspected Maoist ties.
Saibaba was released from prison after more than eight years of his detention when the high court’s Nagpur division accepted Saibaba’s appeal, which was made in opposition to a 2017 trial court decision convicting and imprisoning him for life.
After a nearly two-hour long hearing in a special sitting held on Saturday, a Bench comprising Justices M.R. Shah and Bela M. Trivedi stated that “We believe that this situation qualifies for us to suspend the High Court’s ruling in accordance with Section 390 of the Code of Criminal Procedure. Earlier, the High Court had heard an application for bail and rejected the accused’s medical justifications. Therefore, the High Court’s order is on hold. Provide a notice” the highest court ordered.
The accused, however, would be free to request bail. The bench stated, “We are merely stating judgment suspended but you can file a bail application.”
The Court stated that the High Court did not examine the issue on its merits but instead cleared the accused because Section 45 of the Unlawful Activities Prevention Act did not require the Central Government to sentence the accused (UAPA).
The High Court has not taken into account the merits of the case, especially the seriousness of the offence alleged against him, the order stated. “This court is of prima facie conclusion that a detailed scrutiny is required with regard to the impugned judgment.”
Senior Advocate R Basant appearing for Saibaba submitted that” The HC has acquitted on the issue of sanction and without reversing the findings of the Trial Court and You can make that submission on the ground that judgment need not be suspended. Section 437 CrPC applies when the person is dismissed or acquitted, So, there’s no reason to put the sentence on hold right now. This will occur as a result of Section 437A. I shall complete the bond and present it to your lordships.”
Yesterday, When Solicitor General Tushar Mehta requested a stay of execution and mentioned the case for urgent listing, a bench of Justices D Y Chandrachud and Hima Kohli informed him that the court could not do so because the parties were not present.
Saibaba was released from prison on Friday, more than eight years after his detention when the Bombay High Court declared that the sanction order given to prosecute the accused in the case under the strict terms of the UAPA was “wrong in law and illegal.”
The Bombay high court’s Nagpur division accepted Saibaba’s appeal, which was made in opposition to a 2017 trial court decision convicting and imprisoning him for life. Saibaba, who was charged with having Maoist sympathies under sections of the Unlawful Activities (Prevention) Act and of engaging in criminal conspiracy under the Indian Penal Code, hence, the Supreme Court rejected to postpone the decision.
