The Supreme Court on Wednesday set aside the Bombay High Court order that acquitted former Delhi University professor and activist G.N. Saibaba as well as others, who were arrested under the Unlawful Activities (Prevention) Act, 1967, for their alleged links with the Maoists.
The Bench headed by Justice M.R. Shah passed the orders on a petition filed by the Maharashtra government, challenging the Bombay High Court’s decision to allow appeals against the conviction and life sentence of Saibaba and five others.
Remitting the case back to the High Court, the Apex Court directed it to decide on the appeals afresh in accordance with law and on its own merits, including the question of sanction, within four months.
The Bench further directed the High Court to dispose of the matter strictly on its merits and in accordance with the law, without being influenced by the earlier order by the Nagpur Bench.
It said that it had arrived at this conclusion in view of the consensus between the Counsels of the parties and without entering into the merits of the case.
The Apex Court observed that the Bombay High Court could have considered all the questions arising in the matter, including that of sanction.
It further granted liberty to the State of Maharashtra to contend that once an accused was convicted after the conclusion of a trial, the validity of the sanction or the lack thereof would become insignificant.
The top court of the country further ruled that all the contentions and defences available to the respective parties would be kept open to be considered by the High Court.
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