Appeal against GN Saibaba acquittal: LIVE UPDATES from Supreme Court Saturday sitting

The Supreme Court will hold a special sitting today to hear the appeal filed by Maharashtra government against the decision of the Nagpur Bench of the Bombay High Court, acquitting former Delhi University professor GN Saibaba in an alleged Maoist links case.The matter is listed for hearing at 11 am before a bench of Justices MR Shah and Bela M Trivedi.The Supreme Court does not, in the normal course, sit to hear cases on Saturdays and Sundays.The matter was listed after an urgent mentioning was made before a bench comprising Justices DY Chandrachud and Hima Kohli on Friday evening by Solicitor General Tushar Mehta seeking listing of the case on priority.While the bench said that it could not stay the order acquitting Saibaba, it directed for the case to be listed before an appropriate bench after the Chief Justice of India (CJI) provided his administrative approval.The Court also specified that the State government could move an application seeking an earlier hearing on Saturday.Subsequently, the matter was listed today after administrative orders from the Chief Justice of India. Live updates from the hearing below. .Hearing begins..SG Tushar Mehta: Sorry for troubling you all. Justice Shah: It is our duty.SG Mehta: The order discharges the accused also..SG Mehta: There are 8 accused. So far as 6 is considered sanction was not raised in trial and it was raised in appellate stage. This is a trial under UAPA where CrPC applies which means rigours of Section 465. .SG Mehta: Rigour of section 465 meaning that mere inadequacy of sanction will not vitiate the trial. The judgment relies on TADA cases. Sanction is to ensure the accused is not subject to vexatious trial. This is not a vexatious investigation and courts are prevented to take cognisance..SG Mehta: But if full-fledged trial takes places then there is no question of sanction and thus comes Section 465 of CrPC. Facts are very very disturbing. Supports use of arms in throwing out parliamentary form of democracy and encourages separatist actions in J&K..SG Mehta: All actions against Nation, attacking our security forces and even arranging meeting of commanders of Naxalite forces. SG Mehta reads Section 465 of CrPC .SG Mehta: At appellate stage, it cannot be done unless the appellate court says there is a failure of justice. UAPA makes CrPC applicable..SG Mehta: So far as accused 1 to 5 is concerned, sanction was granted in 2014. Justice Shah: High Court says only CFSL report was not there and no reasons were given by sanctioning authority and thus sanction is bad, it is held.SG Mehta: But as far as trial court is concerned....SG Mehta: Yesterday afternoon judgment was pronounced and our appeal was ready with translations. Bench: Judgment was in Marathi? SG Mehta: No no, some material..Justice Shah: Do you have the statement recorded under Section 313 CrPC? SG Mehta: We are finding out the page. Till then, please see the judgment where it says sanction cannot be raised in appeal if not raised before the trial court. Bench: Give us the copy of the judgment..SG Mehta: So far as accused 6 is concerned sanction order came late and Investigating Officer was already examined, so that was recalled and accused did not object to that. It was placed before the High Court and the High Court did not even touch that aspect..SG Mehta: Accused 1 to 5 were foot soldiers and the accused 6(GN Saibaba) was the master. The role of accused was considered elaborately while considering sanction of first five. Bench: What is the current status? All are in jail? SG Mehta: Yes all in jail. Accused number 2 has expired..Senior Advocate R Basant: It has been fairly accepted that there was no sanction order against GN Saibaba. .Justice Shah : We are asking was any specific independent objection raised by you during trial regarding sanction. Yes or No? A simple question. Show us that, if any application was made. Sr Adv Basant: No application was made. But during cross-examination, plea was raised..Justice Shah: In the entire Section 313 statement, the question of sanction was put to you, but except saying you are falsely implicated, you did not raise this plea.Sr Adv Basant: Sanction was there, factually I cannot dispute that....Bench: The ground that there was non-application of mind by sanctioning authority in case of accused 1 to 5...this is on basis of CDSL report. This is a question of law...whether further reasons are to be recorded when sanctioning authority is prima facie satisfied about the sanction..Bench: We will formulate the questions of law and you can respond till then. But in the meantime, we have to decide what has to be done. Sr Adv Basant: As a caveator, please do not suspend the sentence.Justice Shah: You can submit on that..Justice Trivedi: You all are very experienced lawyers. Have you given any judgment of High Court where the accused has been acquitted solely on the basis of validity of sanction without going into merits or reversing the finding on merits?.Sr Adv Basant: Section 437 CrPC applies when the person is acquitted or discharged. Therefore, there is no need to suspend the sentence now. What will happen is by virtue of Section 437A. I will execute the bond and make it available before your lordships..Sr Adv Basant: We had argued the matter in full and the High Court did not consider the matter in full and passed an order only the basis of sanction. So, if it is halted now then I continue to suffer incarceration..Bench: So, the High Court committing a mistake by not considering this and taking a shortcut...can the benefit of that be available to the accused? We are only finding fault with the High court here..Sr Adv Basant: It was not a shortcut but a correct legal argument. It is fairly admitted that there is no sanction against me. I will point out certain circumstances which will persuade you to not suspend the sentence. I am aged 55, I have a 23 year-old unmarried daughter in Delhi..Sr Adv Basant: The accused is physically disabled to the extent of 90%. He has multiple other ailments which is judicially accepted. The person is confined to the wheel chair and he is sick and infirm. No criminal antecedent against him and not even any prosecution..Sr Adv Basant: There may be ideological leanings. SG Mehta said it was brain involved but there is no record for that.Justice Shah: For terrorism and Naxal activities, brain usage is more important than any other physical involvement..Sr Adv Basant: He suffers 90 percent disability owing to post polio paralysis. Please see his medical condition Justice Shah: Thereafter, he is not on bail right? Sr Adv Basant: After Bombay High Court granted bail, Nagpur bench asked him to surrender..Sr Adv Basant: Bail was granted twice and not once I have abused any of the conditions imposed. I am only trying to show why I should not be retained in custody. If this court thinks, I can be even ordered to be only inside the house. Supreme Court has held that, I can be asked to be in house..Sr Adv Basant: He is in wheelchair and there is no one to even handle his calls of nature. The co-jailed persons are helping him and it is causing him stress. Bench: You can file an application for bail, we will consider it..Sr Adv Basant: There is an absence of sanction for me. Please see section 45 of Unlawful Activities (Prevention) Act (UAPA), just to see how good a case I have. High Court has dealt with the section..Sr Adv Basant: As far as UAPA is considered, sanctioning authority has to consider whether they are to be prosecuted under this Act. The nature and effect of sanction under 45 UAPA must be seen. In Maharashtra, the head of Prosecution is the sanctioning authority..Sr Adv Basant: This as per me, is a betrayal of statutory provision. I submit that the High Court has not committed any error. Such is the importance of sanction under UAPA. Justice Trivedi : According to section 386 CrPC, Appellate Court can acquit only after reversing trial findings..Sr Adv Basant: There is no sanction and the very prosecution is without basis. The court considers sanction under section 193, sanction under CVC Act...but court says sanction under TADA and UAPA is a different ballgame..Sr Adv Basant: Let me preserve my health. Please let me remain in my house. SG Mehta: He applied for bail after being taken into custody and then his bail was rejected. Please see that..SG Mehta: The court noted that bail was rejected noting the nature of accusations against him and there is nothing on record to show anything apart from his health reasons. There is sanction but it was only a delayed sanction..Justice Shah: We will issue notice and list the matter for final disposal. Such a matter has to be decided at the earliest..Justice Shah: My practice is that whenever a notice is issued, we know why it is issued. Sr Adv Basant: Please do not drag me back to prison. SG Mehta: He is already in prison..Justice Shah: At the outset, it is required to be noted that learned trial court after appreciating entire record convicted the accused under UAPA. Then, the trial court verdict was appealed before the High Court by all the accused..Justice Shah: The High Court has discharged accused 1 to 5 except 2 who died, inter alia on the ground that sanction to prosecute them was invalid sanction as there was a non-application of mind..Justice Shah: GN Saibaba discharged since there was no sanction at the time of arrest...even according to accused no.6, the appeals were argued on merits. High Court has not entered into the merits of the case or considered anything on the merits of the conviction..ORDER Justice Shah: The following important questions of law arise in this present appeal -1) While considering section 465 Crpc, after conclusion of trial and accused is convicted on merits, whether appellate court can discharge the accused on ground of irregular sanction?.Justice Shah: (2) In a case where trial court has convicted accused on basis of material and appreciation of evidence, is Appellate court justified in discharging accused on ground of sanction...since ground of no sanction was raised during trial and trial moved as is?.Justice Shah: (3) What will be the consequences of not disclosing this before trial court, even though opportunity given under section 313 Crpc. Aforesaid, are broad questions which this court will consider in detail, Justice Shah adds..Justice Shah: At present, the question is whether the judgment granting acquittal be suspended at this stage or not? It cannot be disputed that while considering section 390 of Crpc, Appellate court can suspend such an order. Thus, this court can suspend such an order..Justice Shah: 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(GN Saibaba)..Justice Shah: The bail plea by accused was rejected by High Court in 2020 even on medical grounds which was pressed then as well..Justice Shah: We are of the opinion that it is a fit case to exercise power under section 390 of CrPC and SUSPEND THE ORDER OF THE HIGH COURT..SG Mehta: There is a recent tendency from urban naxals that please allow 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. Sr Adv Basant: Please cut my phone line then....Justice Shah: Accused were convicted after detailed appreciation of evidence. Offences are very serious and if the State succeeds on merits, offences are very serious against the interest of the society, sovereignty and integrity of India. Bombay High Court order is based on no sanction..Justice Shah: The High Court order is required to be considered in detail, that the accused was discharged only on the ground that sanction was invalid, some material which was placed before the appropriate authority and sanction was granted on the same day..Justice Shah: The medical grounds of the accused was presented and rejected by the High Court during a bail plea earlier. Thus, High Court order stands suspended. Issue notice. We are only saying judgment suspended but you can file bail application..Bench deletes the part of no house arrest at this stage Justice Shah: Issue notice, returnable on December 8, 2022. Shri Basant accepts notice on behalf of GN Saibaba. Thus, High Court order stands suspended till further orders.

Appeal against GN Saibaba acquittal: LIVE UPDATES from Supreme Court Saturday sitting

Related Stories