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SC to hear Maharashtra's appeal against GN Saibaba's acquittal today
The Supreme Court website said the matter was listed for hearing on Saturday, usually a holiday at the apex court, at 11 am by a bench of justices MR Shah and Bela M Trivedi.
The Supreme Court will hear on Saturday the Maharashtra government's petition for a stay on the Bombay high court order acquitting former Delhi University professor Gokarakonda Naga Saibaba after solicitor general Tushar Mehta's persistent pitch that the acquittal was not on merit but for want of appropriate sanction to prosecute him under the Unlawful Activities (Prevention) Act.
Arguing against the release of wheelchair-bound Saibaba, incarcerated in the Nagpur Central Jail, Mehta said the offence committed by him were "against the nation".
The top court bench of Justices DY Chandrachud and Hima Kohli told Mehta that the court cannot stay Saibaba's acquittal as the parties are not before it. The bench added that it has not gone through the case file or the verdict of the high court.
"You move an application before the registry for taking an administrative decision on urgent listing of the matter from the Chief Justice of India," the bench advised the solicitor general, who appeared for Maharashtra Police.
Later in the evening on Friday, the Supreme Court website said the matter was listed for hearing on Saturday, usually a holiday at the apex court, at 11 am by a bench of justices M R Shah and Bela M Trivedi, reported news agency PTI.
Earlier in its order, the court stated: "At this stage, we deem it appropriate to mention that the proceedings have been mentioned before this Court since the Bench presided over by the Chief Justice has risen for the day.
"The Solicitor General states that he will move an application before the Registry for obtaining administrative directions of the Chief Justice for listing of the Special Leave Petition tomorrow (October 15)".
"We have not lost on merit but for want of sanction. The matter will become infructuous as they will be released from jail, if not (the case is) urgently listed," Mehta pleaded before the two judges.
"The accused were involved with CPI (Maoist) and the high court acquitted them. The offence committed by these persons is serious in nature and against the nation. Subsequently, the UAPA was invoked and the question before the high court was whether UAPA was correctly invoked or not," Mehta added.
Earlier on Friday, the Nagpur bench of the Bombay high court Saibaba and his four accomplices from the charges of having links to the banned Maoists.
Saibaba has been serving a life term in Nagpur central jail for alleged Maoist links since 2017. Delivering the judgment, a division bench of the high court also ordered his immediate release from the jail.
The bench, comprising justices Rohit Deo and Anil Pansare, allowed the appeal filed by Saibaba challenging a 2017 order of the trial court convicting him and sentencing him to life imprisonment. The bench also allowed the appeal of five other convicts in the case and acquitted them. One of the five died pending hearing of the appeal. The bench directed for the convicts to be released forthwith from jail unless they are accused in any other case.
The Gadchiroli district sessions court convicted Saibaba and five others in 2017 for aiding and abetting Maoist activities and waging a war against the nation. He, along with Mahesh Tirki, Prashant Rahi, Hem Mishra and Pandu Narote, who died at the Nagpur central jail while undergoing treatment a couple of months ago, were awarded lifer under various sections of the UAPA along with Section 120 (B) of the Indian Penal Code (IPC) for criminal conspiracy.
(With inputs from agencies)
