SC stays release of G N Saibaba in Naxal case

New Delhi, Oct 15: New Delhi, Oct 15: The release of G N Saibaba will stay in jail as the Supreme Court suspended the order of the Bombay High Court.

While pronouncing the order, the SC said that the High Court has not considered the merits. The HC discharged the accused only on the ground that the sanction was invalid and some material which was placed before the appropriate authority and sanction was granted on the same day.

A Bench comprising Justices M R Shah and Bela M Trivedi said, ' by the impugned judgment and order, HC has discharged the accused no 1 to 5 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 granting the sanction. Accused 6 was discharged on the ground that at the time of cognisance or framing charge there was no sanction.

The Nagpur bench of the Bombay High Court on Friday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case, and ordered his immediate release from jail.

A division bench of Justice Rohit Deo and Anil Pansare allowed the appeal filed by Saibaba challenging a 2017 order of the trial court convicting him and sentencing him to life imprisonment.

Saibaba, who is wheelchair-bound due to a physical disability, is currently lodged at the Nagpur central prison.