NEW DELHI: The Supreme Court on Saturday suspended October 14 order discharging former Delhi University Professor G N Saibaba in case of having Maoists link, saying the Bombay High Court "unfortunately" passed the order only on ground of "invalid and irregular" sanction and did not consider anything on merits.
After conducting an urgent hearing, a bench of Justices M R Shah and Bela M Trivedi said this is a fit case of suspending the order by the High Court.
The court also noted offences alleged under the Unlawful Activities (Prevention) Act are serious in nature and are against society, unity, integrity and sovereignty of the country.
To a contention by senior advocate R Basant, appearing for Saibaba, that he could maximum be accused of being "ideologically inclined" and as a "brain" according to the prosecution, the bench said, "So far as terrorist or Maoist activities are concerned, the brain is more dangerous. Direct involvement is not necessary."
The court also rejected a plea by Basant to put Saibaba in house arrest during the pendency of appeal, on account of his medical conditions, including that he was 90 % disabled in view of post poll paralysis and suffered from other ailments.
"I can be asked to remain in house. There is no trained person to help me to answer even nature's call in jail. It is a case of life and health," the counsel said.
Solicitor General Tushar Mehta for the Maharashtra government opposed the contention.
"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," he said.
In his other submission, he said that the trial court had on its own examined the issue of sanction, though it was never raised during the proceedings.
Mehta 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 after a full-fledged trial, persons were found guilty.
The court issued notice to all the accused and put the appeal 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 court said it was just suspending the HC's judgement and order and the accused can file bail application.
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.
In its plea, the state government sought stay of the High Court's judgement as it might result into "grave and severe prejudice".
The HC's division bench on Friday had overturned 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.
