NEW DELHI: The Supreme Court on Monday rejected a Maharashtra government application seeking a stay on a Bombay High Court order that acquitted former Delhi University professor G N Saibaba and others in the Maoist links case.
A two-judge bench of the top court, headed by Justice B R Gavai and also comprising Justice Sandeep Mehta, although, admitted the state government's appeal, but rejected its appeal after noting in its order that the Nagpur bench of the Bombay High Court order was "prima facie well reasoned".
While refusing to interfere with the HC order, the apex court said, "The acquittal order is prima facie very well reasoned."
There is no urgency in hearing the appeal, the apex court said, while rejecting the oral request of Additional Solicitor General (ASG) S V Raju, appearing for the Maharashtra government for an early listing of the appeal. It said, the appeal would come in due course.
The Maharashtra govt had on March 5 knocked the doors of the Supreme Court against the order of the Nagpur Bench of the Bombay High Court, which had acquitted the former professor Saibaba (57) and five other accused in the alleged Maoist links case.
It is interesting to note that the Maharashtra govt had moved the SC on the same day and that too merely 4-5 hours after the Bombay High Court in its order in the morning on March 5 had acquitted Saibaba and five other accused in the case.
The Nagpur bench of the Bombay HC, bench, headed by Justice Vinay Joshi and also comprising Justice Valmiki SA Menezes, in their order on March 5, set aside the verdict of a sessions court which had convicted Saibaba and others in 2017 for their involvement in the alleged Maoist link case.
Prof Saibaba was arrested in May 2014 and remained in prison till 2016 before being released on bail. After his conviction and sentencing in 2017 by a sessions court, he was again sent and lodged inside the Nagpur central prison.
The HC, while setting aside the 2017 Sessions Court's verdict, said that the prosecution had miserably failed to prove his suspected links with the Maoists.
