New Delhi: The Supreme court on Saturday stayed the order of the Bombay High Court, exonerating former Delhi University professor GN Saibaba and five others from the charges of his alleged links with Maoists and releasing him from jail on Saturday.
After hearing both sides, a bench of the apex court comprising Justices MR Shah and Bela M Trivedi said, “By the impugned judgement and order, HC has discharged the accused no 1 to 5 (except accused 2 who died during pendency) on the ground that the sanction to prosecute those accused was vitiated and was invalid sanction as there was non-application of mind. On the part of the sanctioning/review authority, as no reasons were assigned while the sanction. Accused 6 was discharged on the ground that at the time of cognizance or framing there was no sanction.”
Justice Shah and Justice Trivedi said that they had found fault a fault with the HC that did not go into the merits of the case and found a short cut to decide. The apex court also observed that as far as terrorist or Maoist activities go, the brain is more dangerous and direct involvement is not necessary.
The offences mentioned under the Unlawful Activities (Prevention) Act (UPAPA) are serious and against society and the country’s unity, the court noted. The court made the observation when a senior lawyer R Basant, who was representing Saibaba’s case, said he (Saibaba) could at maximum be accused of being ideologically inclined, but there is nothing to show his involvement.
As far as terrorist or Maoist activities go, the brain is more than dangerous and direct involvement is not necessary. Basant said, “How brain is involved here…? The bench, however, replied that it was general observation, no with respect to this specific case.
