The Supreme Court on Wednesday overturned a Bombay High Court decision that acquitted former Delhi University professor GN Saibaba in an alleged Maoist links case.
A Bench of Justices MR Shah and CT Ravikumar remanded the case to the High Court for fresh consideration, keeping all arguments open.
Relevantly, the Supreme Court recommended that the case be heard by another High Court bench, because the prior bench had already made an opinion on the question of sanction being required.
“It will be open to the State to argue that if the accused is convicted in such a situation, no sanction is required. We want the High Court to dispose of the appeals as soon as possible, preferably within four months. It is also observed that propriety requires that, on appeal, the matter be heard by a different bench than that which passed the impugned order,” the Supreme Court ordered.
The State of Maharashtra was represented by Additional Solicitor General SV Raju. The accused were represented by Senior Advocates R Basant and Nitya Ramakrishna, as well as Advocate Shadan Farasat.
The ruling came in response to a challenge to the High Court’s October 14, 2022 decision, which permitted an appeal filed by Saibaba against a 2017 trial court decision convicting and sentenced him to life imprisonment.
That appeal was permitted based on the fact that the sessions court issued charges against Saibaba in the absence of Central government sanction, as required by Section 45(1) of the Unlawful Activities (Prevention) Act (UAPA).
The High Court had recorded that while terrorism constitutes a grave threat to national security and every legitimate weapon in the arsenal must be used to combat it, a civil democracy cannot forego procedural safeguards for the accused.
Following that, on Saturday, October 15, the Supreme Court held a special sitting and suspended the High Court’s verdict.
The order was passed after the Maharashtra government’s argument that failing to grant sanction cannot result in acquittal under Section 465 of the Code of Criminal Procedure (CrPC).
