Supreme Court suspends GN Saibaba’s release; says, ‘Offences very serious’
The Supreme Court on Saturday suspended the Bombay high court judgment of releasing Delhi University former professor GN Saibaba in the Maoist link case.
The Nagpur bench of the Bombay high court on Friday acquitted Saibaba and five others in the Maoist link case and ordered their immediate release.
The Supreme Court on Saturday held a special sitting to hear the Maharashtra government’s plea against the acquittal of GN Saibaba and others. The Supreme Court issued notices to Saibaba and other co-accused and the next hearing will be on December 8.
Staying the release, the Supreme Court said this is a fit case to exercise power under Section 390 of CrPC to suspend the high court as the accused have been convicted after a detailed analysis of the evidence on record.
The top court said the accused have been convicted of offences which are very serious in nature which the high court didn’t examine on merit. The offences are very serious against the interest of the society and integrity of the country.
The Bombay high court did not say anything on the merit of the case and discharged the accused on the ground that the sanction was invalid since some materials placed before the sanctioning authority were made available on the same day and no reason was granted while giving sanction.
“Accused 6 (Saibaba) has been discharged only on the ground that there was no sanction against him when cognisance was taken against him but no such plea was argued at the time of the trial,” the top court observed.
The Maharashtra government on Friday moved the Supreme Court seeking a stay on the order of the Bombay high court which was declined. The top court, however, allowed the state government to move an application before the registry requesting an urgent listing of the matter.
GN Saibaba was ordered to be released after he spent eight years in jail in the alleged Maoist link case. The Bombay high court ordered the acquittal for want of valid sanction for prosecution under the stringent anti-terror law UAPA. Setting aside the life imprisonment awarded to Saibaba by the trial court, the high court noted that while the fight against terrorism was important, procedural safeguards can not be sacrificed “at the altar of perceived peril to national security.”
The wheel-chair bound former DU professor has been lodged at Nagpur central jail since 2014 and won’t be released now, following the Supreme Court’s stay.