Supreme Court sets aside acquittal G N Saibaba

The Supreme Court has set aside an order that acquitted former Delhi University professor and activist G N Saibaba and other over their alleged links to naxalites.

The matter has been remanded back to a Bench of the Bombay High Court. The Supreme Court said that the matter will be considered afresh.

"In view of the consensus between the parties and without entering into the merits of the case, with the consent of the counsel of the respective parties, we set aside the impugned common judgement and order passed by the Bombay High Court. The matters are remitted back to the high court to decide the said appeals afresh in accordance with law and on its own merits, including the question of sanction," the the Supreme Court said.

The Bench headed by Justice M R Shah was hearing a plea filed by the Maharashtra government challenging the decision of the Bombay High Court to allow appeals against the conviction and life-sentence imposed on Saibaba and five others.

The Bench said that the Bombay High Court can consider all questions arising in the matter, which includes that of sanction. It would be open for the State to contend that once an accused is convicted after the conclusion of a trial, the validity of sanctions the lack thereof would become insignificant, Justice Shah said.

The Bench also directed the High Court to dispose of the appeals at the earliest, preferably within a period of four months. Justice Shah also specified that in the interest of propriety, the appeals would have to be placed before a Bench other than the one that had acquitted Saibaba and the others.

During the hearing held on Tuesday, senior advocate, R Basant appearing on behalf of Saibaba proposed that that the matter be remanded to the Bombay High Court to be heard afresh on all concerned issues. He also said that the special leave petition before the Supreme Court be kept pending. Justice Shah however observed that the acquittal order would have to be set aside, before remitting the appeals to a subordinate court.