The Supreme Court Friday agreed to hear on Saturday Maharashtra's plea for a stay on the Bombay High Court order acquitting G N Saibaba, after Solictor General Tushar Mehta's persistent pitch that the acquittal was not on merit but for want of appropriate sanction to prosecute him under the anti-terror law UAPA.
As per the report of PTI, Mounting a spirited argument against the release of wheelchair-bound Saibaba, incarcerated in the Nagpur Central Jail, Mehta said the offence committed by him were "against the nation".
Mehta's assertions notwithstanding, the apex court bench of Justices DY Chandrachud and Hima Kohli was unyielding and told told him that the court cannot stay Saibaba's acquittal as the parties are not before it.
“You move an application before the registry for taking 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.
“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)”.
“It will not become infructuous. They have an acquittal order in their favour. We cannot stay the acquittal order without issuing notice to them and would list the matter for Monday (October 17) and may take the matter on top of the board,” the court said.