New Delhi: Supreme Court Refuses to Stay Bombay High Court’s Acquittal of G.N. Saibaba and Co-Accused in UAPA Case.
In a significant development, the Supreme Court on Monday declined to halt the Bombay high court’s verdict absolving former Delhi University professor G.N. Saibaba and five others of charges under the Unlawful Activities (Prevention) Act (UAPA). The apex court highlighted that the high court’s ruling appeared “very well reasoned” on prima facie examination.
During the hearing of a special leave petition filed by Maharashtra, a bench consisting of Justices B.R. Gavai and Sandeep Mehta noted that Saibaba and his co-accused had secured acquittal twice, from two separate benches of the high court.
The judges conveyed to Additional Solicitor General S.V. Raju, representing Maharashtra, that the high court’s judgment seemed well-founded. They emphasized that typically, such appeals would not be entertained, considering the limited scope for interfering with acquittal orders.
Justice Mehta empathetically acknowledged the ordeal Saibaba endured, noting his years spent in incarceration. Justice Gavai underscored the presumption of innocence post-acquittal, asserting that the law upholds this fundamental principle.
Previously, the Bombay high court’s judgment had criticized the state’s investigation and the trial court’s verdict. Justices Vinay G. Joshi and Valimiki S. Menezes acquitted Saibaba and others on March 5, admonishing the state’s handling of the case.
Saibaba, a wheelchair-bound individual with significant disabilities, expressed gratitude for his release, remarking that his survival in prison was “only by chance.”
This marks the second time in two years that Saibaba and his co-accused have been acquitted by the Nagpur bench. In 2022, the same court overturned their convictions, with the bench highlighting the paramount importance of due process and criticizing the absence of a valid sanction order for prosecution under the UAPA.
Despite the high court’s ruling, the Nagpur central jail authorities delayed their release, prompting the Maharashtra government to seek intervention from the Supreme Court, resulting in a temporary stay on their release.
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