India

Supreme stay on Saibaba’s release

New Delhi. The Supreme Court on Saturday directed former Delhi University Prof. GN The Nagpur bench of the Bombay High Court has stayed the decision to release Saibaba and others in connection with their alleged links with banned Naxalites. Justice M.R. A special bench of Shah and Justice Bela M. Trivedi, after hearing the arguments of the parties concerned, issued the order staying the High Court’s decision.

However, the apex court, Prof. Saibaba and others to file an application for bail before the concerned court. The Maharashtra government had challenged the High Court’s decision before the apex court on Friday, in which Prof. Saibaba and others were ordered to be released. The state government had on Friday approached the Supreme Court seeking quashing of the High Court’s verdict shortly after it was announced, but Justice D.Y. Chandrachud and Justice Hima Kohli had turned down the plea for an immediate stay of the verdict.

However, the top court later decided to hear the matter on Saturday and the state government’s ‘special leave petition’ was listed before a bench of Justices Shah and Trivedi. On Friday (shortly after the High Court’s decision) before a bench of Justice Chandrachud and Justice Hima Kohli, Solicitor General Tushar Mehta, appearing for the state government, presented Prof. Referring to the High Court’s decision to acquit Saibaba, the bench had refused to immediately hear the matter.

A Nagpur bench of the Bombay High Court on Friday overturned the life imprisonment awarded to Saibaba and others for procedural irregularities in granting sanction for prosecution under the Unlawful Activities Prevention Act. Referring to the decision, the Solicitor General before the apex court said, “We have not lost on merit, it has happened only due to lack of approval.” Pro. Saibaba and others were sentenced to life imprisonment by the trial court for their links with the banned Maoist organization.

On March 7, 2017, all the accused were sentenced to life imprisonment by the Gadchiroli Sessions Court, holding them guilty of having links with a banned Maoist organization under the provisions of the Unlawful Activities Prevention Act. The convicts had challenged that decision of the lower court before the High Court. On October 14, after the completion of the hearing, the High Court ordered immediate release of accused Mahesh Kariman Tirkey, Hem Keshavdutt Mishra, Prashant Rahi Narayan Sanglikar and GN Saibaba. Another accused – Vijay Nan Tirkey was already out on bail, while another – Pandu Pora Narote had died pending the appeal. (talk)

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