Top court suspends Bombay HC order acquittingG.N. Saibaba and others in Maoist- links case

The Supreme Court, on October 15, 2022, suspended the Bombay High Court judgment discharging GN Saibaba in a UAPA case criminating him of Maoist links. 

The apex court said the trial court had condemned him after a detailed appreciation of the graces of the case. The offences arraigned againstMr. Saibaba is veritably serious and against the interests of the society, sovereignty and integrity of India. 

The apex court refusedMr. Saibaba's counsel's plea to let him continue in house arrest considering the fact that he's 90 impaired and wheelchair- bound. 

The Supreme Court also issued notice on Maharashtra's appeal against the discharge of Saibaba and others for lack of permission and irregular permission, independently. 

Supreme Court stayed the release ofex-DU professor and others from jail as directed by Bombay High Court in Maoist- links case. 

It fixed the coming hail on December 8 

Solicitor General Tushar Mehta said the apex court has the power to suspend the judgment of the High Court under Section 389 of the Code of Criminal Procedure. 

Mr. Mehta said the High Court had discharged Saibaba and other only on the point of permission and had failed to consider the case on graces and strong substantiation against them. 

" Bare irregularity in entitlement of permission doesn't warrant discharge,"Mr. Mehta argued. 

He said the data of the case against Saibaba and the others were" veritably disturbing". It included substantiation suggesting that they were conniving with the throwing out of the administrative form of republic, meetings with naxal commanders,etc. 

elderly advocateR. Basant, for Saibaba, said Saibaba was arrested in May 2014. No permission was granted to make him when cognisance of the case was taken in February 2014 and charges were framed in February 2015. 

permission to make him was granted only in April 2015. 

Mr. Basant said Saibaba was 55 times old, his family was in Delhi and his wheelchair condition needed constant and expert medical care which the captivity staff in Nagpur Central Jail can not give