Bombay High Court Acquits Professor GN Saibaba & 5 Others In UAPA Case Over Alleged Maoist Links LIVELAW NEWS NETWORK 14 Oct 2022 https://www.livelaw.in/top-stories/bombay-high-court-acquits-professor-gn-saibaba-5-others-in-uapa-case-over-alleged-maoist-links-211623 The Court has allowed their appeals against conviction and life sentence imposed under the anti-terror law UAPA. One of the accused, Pandu Pora Narote, died in August 2022. Mahesh Tirki, Hem Keshwdatta Mishra, Prashant Rahi and Vijay Nan Tirki are the other accussed
CONCLUSIONS :
We record our conclusions thus :
(i) In view of the findings recorded by us, we hold that the proceedings in Sessions Trials 30/2014 and 130/2015 are null and void in the absence of valid sanction under Section 45(1) of the UAPA, and the common judgment impugned is liable to be set aside, which we do order.
(ii) We are conscious of the demise of accused 2-Pandu Pora Narote during the pendency of the appeal. We are of the considered view, that in view of the decision of the Hon’ble Supreme Court in Ramesan (Dead) through LR. Girija 71 , which is rendered on the anvil of the provisions of Section 394 of the Code of 1973, appeal preferred by accused 2-Pandu Pora Narote does not abate.
(iii) The prosecution did submit that if the appeal is decided, not on merits, but only on the point of sanction, we may grant liberty to the prosecution to obtain proper sanction and try the accused. In view of the well entrenched position of law, that the rule against double jeopardy has no application if the trial is held vitiated due to invalidity or absence of sanction, we see no reason to dilate any further on the
said submission.
Post by Meena: .. All were accused u/various sections of the UAPA, 120(B) and others. They were convicted in March 2017 by the sessions court in Nagpur. We need to celebrate this judgement. Kudos to the judges of the Bombay High Court today. Sad that Pandu Narote died in August. He would have been a free bird too. The judges were BR Deo and Anil Lakshman Pansare, this was an appeal of 2017, a case of Gadchiroli. We hope that the Maharashtra Police does not get a stay on the acquittal.
Academic GN Saibaba To Stay In Jail, Rules Supreme Court https://www.youtube.com/watch?v=A3P8xIrRHoU Oct 15, 2022 GN Saibaba, the former Delhi University professor who is serving a life term for Maoist links, will continue to remain in jail, the Supreme Court said today, suspending the Bombay High Court order on his acquittal. The top court also issued notice to the accused on Maharashtra government's plea challenging the High Court and listed the matter for hearing on December 8.
https://www.livelaw.in/top-stories/prof-gn-saibaba-delhi-uni-supreme-court-bombay-hc-acquittal-suspended-uapa-sanction-211735 Justice Trivedi pointed that as per Section 386 CrPC, appellate court can acquit only after reversing the findings of the trial court. (In this case, the accused was discharged on the basis of sanction, without going into merits).
Saibaba's lawyers had argued.. "We have argued on full on merits. High Court only considers one aspect (of sanction). Kindly see my plight, our incarceration will be prolonged," Court: " You may have argued everything, but can the benefit of the mistake committed by the HC be given to the accused?"
"Brain is most dangerous" I Wheelchair bound Saibaba to stay in Jail for Maoist Links I Barkha Dutt https://www.youtube.com/watch?v=pOsTAC2pvXM
Supreme Court has suspended the Bombay High Court's order discharging former Delhi University professor G N Saibaba and five others in alleged Maoist link case. On Friday, the High Court had allowed their appeals against conviction and life sentence.
Barkha Dutt speaks to Mihir Desai https://youtu.be/pOsTAC2pvXM?t=191, conditions of prisons https://youtu.be/pOsTAC2pvXM?t=1119
Operation of the Naxals still active, PK Jain https://youtu.be/pOsTAC2pvXM?t=326,
Immediate saturday hearing? Surprised ..Chitranshul Sinha https://youtu.be/pOsTAC2pvXM?t=580
Shashank Shekhar Jha, why Saturday? Soveriegnity perhaps, https://youtu.be/pOsTAC2pvXM?t=779
Will Matthews , https://youtu.be/pOsTAC2pvXM?t=955 UAPA issue: 72% increase in cases.. Article 21 v/s state. No person shall be deprived of the freedom except under under procedure..