The Supreme Court on Thursday posted for January 17, 2023, a plea filed by the Maharashtra government challenging the October 14 order of the Bombay High Court which discharged former Delhi University professor GN Saibaba and others in an alleged Maoist links case.
A bench of Justices MR Shah and Hima Kohli asked the parties in the case to complete pleadings in the matter.
Solicitor General Tushar Mehta, appearing for the Maharashtra government, told the bench that the entire evidence on record comprising 10 volumes will be filed within a week.
The apex court said that a counter affidavit if any must be filed within 10 days.
On October 15, the top court in a special hearing on Saturday suspended the October 14 order of the High Court which discharged Saibaba and others.
It also stayed the release of Saibaba and others from jail. The top court, however, said that the accused would be at liberty to move for bail.
The top court issued notice to the accused persons while hearing the Maharashtra government's plea. It had said that the accused were convicted by the trial court after a detailed appreciation of the evidence.
"Offences are severe and if the State succeeds on merits, offences are severe against the interest of the society, sovereignty and integrity of India. High Court order is based on no sanction," the top court had noted.It had opined that the High Court did not consider the case on merits but acquitted the accused due to the lack of sanction of the Central government required under Section 45 of the Unlawful Activities Prevention Act (UAPA).
The High Court discharged the accused only on the ground that the sanction was invalid and some material which was placed before the appropriate authority and sanction was granted on the same day, it had noted.
Solicitor General had said that the failure to grant sanction cannot lead to acquittal.
Hours after the High Court acquitted Saibaba and others in the case, the Maharashtra government had approached the Supreme Court challenging the decision.
The High Court had allowed an appeal filed by Saibaba and five others challenging a 2017 decision of the trial court convicting and sentencing him to life imprisonment under the anti-terror law UAPA. They were arrested in 2014.
The High Court had ordered the immediate release of Saibaba and the other accused, including a journalist and a JNU student. It had noted that the sanction was accorded for Saibaba's prosecution only after the trial commenced. For the other accused, the High Court had noted that the sanction order issued to prosecute them in the case under the UAPA was "bad in law and invalid".
Apart from Saibaba, the High Court acquitted Mahesh Kariman Tirki, Pandu Pora Narote, Hem Keshavdatta Mishra and Prashant Sanglikar, who were sentenced to life imprisonment, and Vijay Tirki who was awarded 10 years in jail. Narote died during the appeal process.
They were sentenced to life imprisonment by the Sessions Court at Gadchiroli, Maharashtra in March 2017 for offences under various sections of UAPA and 120 B of the Indian Penal Code for alleged association with the Revolutionary Democratic Front (RDF), which was alleged to be an affiliate of outlawed Maoist organisation.
They were convicted for indulging in activities "amounting to waging war against the country".
( With inputs from ANI )
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