Maharashtra government moves Supreme Court against acquittal of Professor BN Saibaba
The bench also recorded that while terrorism poses an ominous threat to national security and every legitimate weapon in the armoury must be deployed against it, a civil democracy cannot sacrifice procedural safeguards afforded to the accused.
FollowThe Maharashtra government on Friday moved the Supreme Court against the decision of the Nagpur Bench of the Bombay High Court, which was pronounced this morning, acquitting former Delhi University professor GN Saibaba in an alleged Maoist links case.
According to reports, the appeal was mentioned before a bench comprising Justices DY Chandrachud and Hima Kohli by the Solicitor General of India Tushar Mehta.
"Person who's from CPI Maoist acquitted by Bombay High Court, order uploaded today. Limited prayer is that if your lordships can hear the matter on Monday", he submitted.
The bench reportedly said it could not stay the order acquitting Saibaba and directed for the case to be listed before an appropriate bench after the Chief Justice of India (CJI) provided his administrative approval.
On Friday, a bench comprising Justices Rohit Deo and Anil Pansare allowed an appeal filed by Saibaba challenging a 2017 decision of the trial court convicting and sentencing him to life imprisonment based on the fact that the Sessions Court framed charges against Saibaba.
The bench also recorded that while terrorism poses an ominous threat to national security and every legitimate weapon in the armoury must be deployed against it, a civil democracy cannot sacrifice procedural safeguards afforded to the accused.
In the judgement, the bench said, "We are inclined to hold that every safeguard, however miniscule, legislatively provided to the accused, must be zealously protected."
