{"id":210723,"date":"2022-10-17T19:03:26","date_gmt":"2022-10-17T13:33:26","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=210723"},"modified":"2022-10-17T19:03:26","modified_gmt":"2022-10-17T13:33:26","slug":"in-putting-gn-saibaba-back-in-jail-after-bombay-high-court-acquittal-supreme-court-gives-rise-to-questions","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/in-putting-gn-saibaba-back-in-jail-after-bombay-high-court-acquittal-supreme-court-gives-rise-to-questions\/","title":{"rendered":"In putting GN Saibaba back in jail, after Bombay High Court acquittal, Supreme Court gives rise to questions"},"content":{"rendered":"\n

Source<\/strong>: The post is based on the article \u201cColin Gonsalves writes: In putting GN Saibaba back in jail, after Bombay High Court acquittal, Supreme Court gives rise to questions\u201d<\/strong> published in the Indian Express <\/strong>on\u00a017th<\/sup>\u00a0October 2022<\/strong>.<\/p>\n

Syllabus<\/strong>: GS 2 \u2013 Structure, organization and functioning of the Executive and the Judiciary<\/p>\n

Relevance<\/strong>: About the sanctions under UAPA.<\/p>\n

News<\/strong>: A day after the Bombay High Court discharged a former Delhi University Professor and four others in a case under the Unlawful Activities (Prevention) Act, 1967<\/a><\/strong> over alleged Maoist links, the Supreme Court suspended the HC judgement till further orders.<\/p>\n

About the Bombay High Court ruling and reason for discharge<\/h5>\n\n\n\n
Read more: The question of sanction under UAPA: why Bombay HC has acquitted G N Saibaba<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The High Court judgment had two core findings. 1)<\/strong> The cognisance was taken by the trial court without sanction being granted by the sanctioning authority as required by the UAPA, 2)<\/strong> Section 45 (2) of UAPA requires an exhaustive review of the prosecution evidence by an authority independent of the prosecution. Thus the \u201cSanction for prosecution \u2026shall be given only after considering the report of such authority appointed by the Central Government”.<\/p>\n

The High Court described the Director of Prosecution’s report as \u201claconic\u201d and said \u201cthe report contains the conclusion sans reasoning.<\/p>\n

What is the reason for suspending the High Court ruling?<\/h5>\n

The SC said, “the High Court has not entered into the merits of the case and considered anything on merits of the judgment and order of conviction and sentence passed by the learned trial court”.\u00a0 But, these are \u201cimportant questions of law and facts to be considered\u201d.<\/p>\n

The court also said it is unnecessary to waste time going through a lengthy trial because the initial flaw is fatal.<\/p>\n\n\n\n
Must read:\u00a0UAPA and the recent judgments \u2013 Explained, pointwise<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
What are the challenges associated with suspending HC’s decision?<\/h5>\n

-The Supreme Court in Baij Nath Prasad Tripathi case<\/strong>, held that if cognisance is taken without complying with the requirement of valid sanction, the entire trial shall stand vitiated.<\/p>\n

-This was not a civil case where a suspension approach could be taken. This was a criminal case.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cColin Gonsalves writes: In putting GN Saibaba back in jail, after Bombay High Court acquittal, Supreme Court gives rise to questions\u201d published in the Indian Express on\u00a017th\u00a0October 2022. Syllabus: GS 2 \u2013 Structure, organization and functioning of the Executive and the Judiciary Relevance: About the sanctions under… Continue reading In putting GN Saibaba back in jail, after Bombay High Court acquittal, Supreme Court gives rise to questions<\/span><\/a><\/p>\n","protected":false},"author":10311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-210723","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":1700773922,"cached_date":1704690611},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/210723","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10311"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=210723"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/210723\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=210723"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=210723"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=210723"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}