SC suspends Bombay HC order acquitting ex-DU Professor Saibaba

The court also rejected a plea on behalf of Saibaba to put him under house arrest during the pendency of appeal, in view of his medical conditions

The Supreme Court on Saturday stayed October 14 order discharging former Delhi University Professor G N Saibaba and others in a case of having Maoists link, saying the Bombay High Court did not consider anything on merits and "unfortunately" passed the order only on ground of absence or "invalid and irregular" sanction.

Following an urgent hearing on a plea by the Maharashtra government, a bench of Justices M R Shah and Bela M Trivedi said this is a fit case of suspending the order issued by the High Court on Thursday.

The court also noted contention by the state government that offences alleged under the Unlawful Activities (Prevention) Act are serious in nature and are against society, unity, integrity and sovereignty of the country.

Senior advocate R Basant, appearing for Saibaba, contended that he could maximum be accused of being "ideologically inclined" and as a "brain".

"So far as terrorist or Maoist activities are concerned, the brain is more dangerous. Direct involvement is not necessary," the bench said.

The counsel pleaded to put Saibaba in house arrest during the pendency of appeal, on account of his medical conditions, including that he was 90 per cent disabled in view of post poll paralysis and suffered from other ailments and that he had a permanent family and residence in Delhi.

"I can be asked to remain in house. There is no trained person to help me to answer even nature's call in jail," the counsel said.

Opposing the contention, Solicitor General Tushar Mehta for the Maharashtra government said, "There is a recent tendency among '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 court rejected the plea by Basant but allowed him to file bail application subsequently.

Mehta also submitted that the trial court had on its own examined the issue of sanction, though it was never raised during the proceedings.

He also said that the facts of the matter are very disturbing and calls were made for supporting arms in Jammu and Kashmir, supporting overthrowing Parliament, arranging meetings with Naxalites, attacking our security forces etc.

He also pointed out that this is not a vexatious trial and the accused were held guilty after a full-fledged trial.

The court issued notice to all the accused on the state government's appeal and fixed the matter for hearing on December 8.

"We will issue notice for final disposal. It is in everybody's interest that the outcome must be known at the earliest," the bench said.

The bench also formulated questions of law for determination including in a case where the trial court convicted the accused on appreciation of evidence, the appellate court is justified to overturn the order on ground of sanction alone.

The HC's division bench on Friday had set aside the conviction and life term sentence of accused Mahesh Kariman Tirki, Hem Keshavdatta Mishra, Prashant Rahi Nrayan Sanglikar and G N Saibaba. One accused Vijay Nan Tirki was on bail, while another one Pandu Pora Narote had died during the pendency of the appeal. The HC also ordered release of the accused forthwith.