Supreme Court refuses to stay acquittal of former DU professor Saibaba
Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency
The Supreme Court on Monday refused to stay the acquittal of former Delhi University professor G.N. Saibaba and five others by the Bombay High Court in a case under the Unlawful Activities (Prevention) Act, saying it would be “unusual” to show urgency to imprison a man whose innocence had been already proved by the judgment of a court of law.
“There cannot be any urgency to reverse orders of acquittal… that is unheard of. Urgency is only to reverse conviction,” Justice B.R. Gavai, heading a Bench with Justice Sandeep Mehta, addressed Additional Solicitor General S.V. Raju, appearing for Maharashtra.
The Bench noted that a person was presumed innocent until proven guilty. A verdict of acquittal in Saibaba’s case fortified the “presumption of innocence”. Though the State had not separately applied for a stay of the High Court verdict of acquittal, the special leave petition contained a prayer for interim stay.
The court granted leave, admitting the appeal against the acquittal, but did not specify any date for hearing.
“You can file for early hearing. There are two acquittals by different Benches [of the Bombay High Court]… Prima facie we find that judgment is very well reasoned,” Justice Gavai remarked orally.
The Bench remarked that it would not have interfered with the judgment, but the Supreme Court had passed orders in the case earlier. This is the second time Maharashtra had appealed against Saibaba in this case.
On October 14, 2022, the Bombay High Court had discharged the case against Saibaba for lack of valid sanction under Section 45(1) of the Unlawful Activities (Prevention) Act, 1967 or the UAPA.
But the very next day, a Saturday, saw a Special Bench of the Supreme Court headed by Justice (now retired) M.R. Shah stay the discharge order of the High Court, saying the “offences involved are very serious against the sovereignty and integrity of the country”.
The decision of the Supreme Court, which came within 24 hours of the High Court’s discharge of the case against the 57-year-old paraplegic, had attracted criticism.
Months later, on April 19 last year, the Bench had set aside the discharge order of the High Court.
The Bench had reasoned that an appellate court (High Court) could not delve into the question of a valid sanction once an accused (Saibaba) was convicted by the Sessions Court. It had referred the case back to the Bombay High Court for a fresh round of hearing. It had also requested the Bombay Chief Justice to allocate the case to a different Bench of the High Court for the sake of propriety. However, the High Court, this time, acquitted Saibaba and five others, confirming the invalidity of the sanction for prosecution.
Please note that under 66A of the IT Act, sending offensive or menacing messages through electronic communication service and sending false messages to cheat, mislead or deceive people or to cause annoyance to them is punishable. It is obligatory on kemmannu.com to provide the IP address and other details of senders of such comments, to the authority concerned upon request. Hence, sending offensive comments using kemmannu.com will be purely at your own risk, and in no way will Kemmannu.com be held responsible.
Similarly, Kemmannu.com reserves the right to edit / block / delete the messages without notice any content received from readers.
Rozaricho Gaanch April, 2024 - Ester issue
Final Journey Of Theresa D’Souza (79 years) | LIVE From Kemmannu | Udupi |
Invest Smart and Earn Big!
Creating a World of Peaceful Stay!
For the Future Perfect Life that you Deserve! Contact : Rohan Corporation, Mangalore.
Final Journey Of Joe Victor Lewis (46 years) | LIVE From Kemmannu | Organ Donor | Udupi |
Milagres Cathedral, Kallianpur, Udupi - Parish Bulletin - Feb 2024 Issue
Easter Vigil 2024 | Holy Saturday | St. Theresa’s Church, Kemmannu, Udupi | LIVE
Way Of Cross on Good Friday 2024 | Live From | St. Theresa’s Church, Kemmannu, Udupi | LIVE
Good Friday 2024 | St. Theresa’s Church, Kemmannu | LIVE | Udupi
2 BHK Flat for sale on the 6th floor of Eden Heritage, Santhekatte, Kallianpur, Udupi
Maundy Thursday 2024 | LIVE From St. Theresa’s Church, Kemmannu | Udupi |
Kemmennu for sale 1 BHK 628 sqft, Air Conditioned flat
Symphony98 Releases Soul-Stirring Rendition of Lenten Hymn "Khursa Thain"
Palm Sunday 2024 at St. Theresa’s Church, Kemmannu | LIVE
Final Journey of Patrick Oliveira (83 years) || LIVE From Kemmannu
Carmel School Science Exhibition Day || Kmmannu Channel
Final Journey of Prakash Crasta | LIVE From Kemmannu || Kemmannu Channel
ಪ್ರಗತಿ ಮಹಿಳಾ ಮಹಾ ಸಂಘ | ಸ್ತ್ರೀಯಾಂಚ್ಯಾ ದಿಸಾಚೊ ಸಂಭ್ರಮ್ 2024 || ಸಾಸ್ತಾನ್ ಘಟಕ್
Valentine’s Day Special❤️||Multi-lingual Covers || Symphony98 From Kemmannu
Rozaricho Gaanch December 2023 issue, Mount Rosary Church Santhekatte Kallianpur, Udupi
An Ernest Appeal From Milagres Cathedral, Kallianpur, Diocese of Udupi
Diocese of Udupi - Uzvd Decennial Special Issue
Final Journey Of Canute Pinto (52 years) | LIVE From Mount Rosary Church | Kallianpura | Udupi
Earth Angels Anniversary | Comedy Show 2024 | Live From St. Theresa’s Church | Kemmannu | Udupi
Confraternity Sunday | St. Theresa’s Church, Kemmannu
Kemmannu Cricket Match 2024 | LIVE from Kemmannu
Naturya - Taste of Namma Udupi - Order NOW
New Management takes over Bannur Mutton, Santhekatte, Kallianpur. Visit us and feel the difference.
Focus Studio, Near Hotel Kidiyoor, Udupi
Earth Angels - Kemmannu Since 2023
Kemmannu Channel - Ktv Live Stream - To Book - Contact Here
Click here for Kemmannu Knn Facebook Link