The Supreme Court has suspended the decision of the Bombay High Court , Nagpur bench which acquitted the former Delhi University professor GN Saibaba in an alleged case of links with Maoists.
At a special sitting held at 11 am today, the bench of Justice MR Shah and Justice Bela M Trivedi took the decision.
The Apex court said that it is the right case to exercise power under 390 of Code of Criminal Procedure and suspend the order of the High Court.
The Court further said that the medical grounds of the accused were presented and rejected by the High Court during a bail plea earlier. Thus, High Court order stands suspended.
The Court, however, said that the accused would be at liberty to move for bail.
The bench said that the judgment is suspended but you can file bail application.
The Court has not only suspended the judgement, but also has turned down the plea by Saibaba to be kept under house arrest on medical grounds, instead of being put in jail.
The Court said that the bail plea by accused was rejected by High Court in 2020 even on medical grounds which was pressed then as well.
The decision to reject the house arrest plea was taken after Solicitor General (SG) Tushar Mehta, appearing for the Maharashtra government, strongly objected to the same.
The Solicitor General argued that the there has been a recent tendency from urban naxals to seek house arrests. But everything can be done from within the home for them. even by phone. Please say that house arrest can never be an option.
The order was passed after the Maharashtra government contended that failure to grant sanction cannot lead to acquittal in view of Section 465 of the Code of Criminal Procedure.
The Apex Court noted and said that the High Court has not considered the case on merit but acquitted the accused due to lack of sanction of the Central government required under Section 45 of the Unlawful Activities Prevention Act (UAPA).
The Order read that this court is of prima facie opinion that a detailed scrutiny is required with regard to the impugned judgment since High Court has not considered the merits of the case including the gravity of the offence alleged against him.
The Court also opined that the accused was convicted after detailed appreciation of evidence.
The bench also added that the offences are very serious and against the interest of the society, sovereignty and integrity of India.
The Supreme Court noted that the issue raises certain important questions of law and proceeded to issue notice to GN Saibaba while framing the following questions of law for consideration
Whether considering Section 465 CrPC , can appellate court discharge the accused on ground of irregular sanction?
It also questioned if trial court has convicted accused on basis of material and appreciation of evidence, is appellate court justified in discharging accused on ground of want of sanction…. since no ground of sanction was raised during trial?
It further questioned that what will be the consequences of not raising the issue with respect to sanction before trial court even though opportunity given under section 313 CrPC. Aforesaid are broad questions which this court will consider in detail.
The Supreme Court does not in the normal course sit to hear cases on Saturdays and Sundays.
However, this matter was listed for urgent hearing today after the SG on Friday evening mentioned it for urgency of matter.
The mentioning was made hours after the High Court delivered its judgment.