• About us
  • Careers
  • Brand Partnerships
TFI Official Merchandise
TFI हिन्दी
TFI Global
Tuesday, March 28, 2023
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Hanuman Chalisa event

    From small beginnings come great things—the Hanuman Chalisa event is proof

    Amplifiers of Khalistan are tight-lipped on the UK’s balkanisation

    Amplifiers of Khalistan are tight-lipped on the UK’s balkanisation

    Rahul Gandhi

    A bigger conspiracy lies behind Rahul Gandhi’s ouster

    Renuka Chowdhury will file a defamation case against PM Modi

    A point-by-point rebuttal on Renuka Chowdhury’s rants

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Campa Cola

    Reliance’s foray into Indian Soft Drinks: Can Campa Cola make a comeback?

    Inflation

    Inflationary Pressures Continue to Challenge Economies Worldwide, Central Banks Implement Measures to Control Rising Prices

    Portfolio Management Services types

    Types of Portfolio Management Services

    Gadkari’s new big plan

    Gadkari’s new big plan

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Khalistan – Pakistan’s only successful project against India

    Khalistan – Pakistan’s only successful project against India

    Defence Ministry to boost IAF’s capabilities

    Defence Ministry to boost IAF’s capabilities

    ASEAN’s Defence Market: India and South Korea Compete for Supremacy

    ASEAN’s Defence Market: India and South Korea Compete for Supremacy

    From Pipeline to Power Grid: India and Bangladesh Forge Stronger Energy Bonds

    From Pipeline to Power Grid: India and Bangladesh Forge Stronger Energy Bonds

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    New Buddhist leader

    Dalai Lama’s unpredicted move for new Buddhist leader, leaves China baffled

    Amplifiers of Khalistan are tight-lipped on the UK’s balkanisation

    Amplifiers of Khalistan are tight-lipped on the UK’s balkanisation

    MiG-29K

    Replacing MIG-29K: India’s long-term solution for carrier-based fighters

    Sri Lanka US

    The Hidden Hand of US Influence in Sri Lanka: Cold War Strategies Revisited

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • History
    • Indology
    Yes, Akbar was more Naseeruddin Shah and not even one bit of Hrithik Roshan

    Yes, Akbar was more Naseeruddin Shah and not even one bit of Hrithik Roshan

    Murud Janjira Fort History

    Murud Janjira Fort: A Testament to India’s Maritime History

    Qutub Minar truth

    The truth of Qutub Minar

    Hindustan Republican Association

    100 years of Hindustan Republican Association: A Journey of Courage and Conviction

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Food
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Yami Gautam

    Why Yami Gautam should get films more often

    Border-Gavaskar Trophy

    India retain the Border-Gavaskar Trophy after four-Test series

    Bheed: One of the worst films in the history of mankind

    Bheed: One of the worst films in the history of mankind

    10 Weight loss tips for beginners

    Shed Those Extra Pounds: Top 10 Weight Loss Tips for Beginners

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Hanuman Chalisa event

    From small beginnings come great things—the Hanuman Chalisa event is proof

    Amplifiers of Khalistan are tight-lipped on the UK’s balkanisation

    Amplifiers of Khalistan are tight-lipped on the UK’s balkanisation

    Rahul Gandhi

    A bigger conspiracy lies behind Rahul Gandhi’s ouster

    Renuka Chowdhury will file a defamation case against PM Modi

    A point-by-point rebuttal on Renuka Chowdhury’s rants

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Campa Cola

    Reliance’s foray into Indian Soft Drinks: Can Campa Cola make a comeback?

    Inflation

    Inflationary Pressures Continue to Challenge Economies Worldwide, Central Banks Implement Measures to Control Rising Prices

    Portfolio Management Services types

    Types of Portfolio Management Services

    Gadkari’s new big plan

    Gadkari’s new big plan

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Khalistan – Pakistan’s only successful project against India

    Khalistan – Pakistan’s only successful project against India

    Defence Ministry to boost IAF’s capabilities

    Defence Ministry to boost IAF’s capabilities

    ASEAN’s Defence Market: India and South Korea Compete for Supremacy

    ASEAN’s Defence Market: India and South Korea Compete for Supremacy

    From Pipeline to Power Grid: India and Bangladesh Forge Stronger Energy Bonds

    From Pipeline to Power Grid: India and Bangladesh Forge Stronger Energy Bonds

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    New Buddhist leader

    Dalai Lama’s unpredicted move for new Buddhist leader, leaves China baffled

    Amplifiers of Khalistan are tight-lipped on the UK’s balkanisation

    Amplifiers of Khalistan are tight-lipped on the UK’s balkanisation

    MiG-29K

    Replacing MIG-29K: India’s long-term solution for carrier-based fighters

    Sri Lanka US

    The Hidden Hand of US Influence in Sri Lanka: Cold War Strategies Revisited

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • History
    • Indology
    Yes, Akbar was more Naseeruddin Shah and not even one bit of Hrithik Roshan

    Yes, Akbar was more Naseeruddin Shah and not even one bit of Hrithik Roshan

    Murud Janjira Fort History

    Murud Janjira Fort: A Testament to India’s Maritime History

    Qutub Minar truth

    The truth of Qutub Minar

    Hindustan Republican Association

    100 years of Hindustan Republican Association: A Journey of Courage and Conviction

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Food
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Yami Gautam

    Why Yami Gautam should get films more often

    Border-Gavaskar Trophy

    India retain the Border-Gavaskar Trophy after four-Test series

    Bheed: One of the worst films in the history of mankind

    Bheed: One of the worst films in the history of mankind

    10 Weight loss tips for beginners

    Shed Those Extra Pounds: Top 10 Weight Loss Tips for Beginners

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
No Result
View All Result

HOME » Law » Supreme Court suspends the acquittal of GN Saibaba

Supreme Court suspends the acquittal of GN Saibaba

Paurush Gupta
by Paurush Gupta
16 October 2022
in Law
0
Supreme Court suspends the acquittal of GN Saibaba
265
VIEWS
Share on FacebookShare on Twitter

Timely delivery of Justice is the foremost condition for upholding rule of law in any society. But it has been seen that many times, criminals exploit the abundance of rules, procedures and law to get away and go scot free. That is why it becomes pertinent to follow the spirit of the law rather than meticulously following the letter of the rules and procedures. Apparently, the Supreme Court has prevented a possible travesty of Justice by analysing this grave pattern of exploiting technical loopholes in the rules and laws.

Brain far more dangerous than direct involvement in violent act

In a special hearing on Saturday, the Supreme Court suspended the order of the Bombay HC releasing the ex-DU professor from jail in a Maoist linked case. The Supreme Court said that as far as terrorist or Maoist activities are concerned, the brain is more dangerous, and direct involvement is not necessary.

The apex court directed, “We are of the opinion that it is a fit case to exercise power under 390 of Code of Criminal Procedure and suspend the order of the High Court. The medical grounds of the accused were rejected by the High Court during a bail plea earlier. Thus, the High Court order stands suspended. Issue notice.”

Representing Maharashtra government, Solicitor General (SG) Tushar Mehta vehemently opposed the plea of the defendant to seek house arrest.

He said, “There is a recent tendency from urban naxals to seek house arrests. But everything can be done from within the home for them. Even by phone. Please say that house arrest can never be an option.”

SC turned down plea to seek house arrest

Accepting the rationale of SG Mehta, the apex Court turned down the plea by defendant Saibaba. He had asked to be kept under house arrest on account of medical condition rather than be sent to jail.

The apex court opined that the High Court did not consider the case on merits. It acquitted the accused on the basis of absence of sanction by the Central government which is mostly required under Section 45 of the Unlawful Activities Prevention Act (UAPA).

The SC order said, “This court is of prima facie opinion that a detailed scrutiny is required with regard to the impugned judgement since High Court has not considered the merits of the case including the gravity of the offence alleged against him.”

It added, “Offences are very serious and if the State succeeds on merits, offences are very serious against the interest of the society, sovereignty and integrity of India. High Court order is based on no sanction.”

Earlier, a two-judge bench of the Bombay High Court had allowed Saibaba to challenge a 2017 decision of the trial court. The trial court had convicted Saibaba and sentenced him to life imprisonment. But the Bombay HC bench allowed the plea on the fact that the Sessions Court framed charges against Saibaba in the absence of sanction from the Central government.

The High Court was of the opinion that terrorism poses an ominous threat to national security but a civil democracy cannot sacrifice procedural safeguards afforded to the accused.

SG Tushar Mehta had filed a plea in Supreme Court to hear the case on urgent basis.

He argued that mere inadequacy of sanction will not vitiate the trial.

The SG said, “Sanction is to ensure the accused is not subject to vexatious trial. This is not a vexatious investigation. If a full fledged trial takes place, then there is no question of sanction, and thus comes Section 465 of Code of Criminal Procedure (CrPC).”

Important to note that, Section 465 too states that a mere minor lapse is not enough to reverse or alter a court order if it doesn’t lead to injustice in the case.

The section states, “no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgement or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.”

With SC suspending Bombay HC’s order, the court has established that it is far important to follow the spirit of law rather than following the letter of the law.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

Tags: Court OrderGN SaibabaHouse ArrestLawpleaSanctionSCTrail
ShareTweetSend
Previous Post

Supreme Court said what we knew all along about Ekta Kapoor

Next Post

The Legacy of Walt Disney Company – From Kids’ Favorite to Wokes’ Favorite

Paurush Gupta

Paurush Gupta

Columnist, TFIPost. Proud Indian, Karma believer.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

  • Most Read
  • Comments
  • Latest
Xi Jinping, coronavirus, Shinzo Abe, china, Japan, coornavirus, COVID-19, Wuhan Virus

‘Pack up and get out of there,’ Japan to spend $2.2 billion to get Japanese companies to exit China

9 April 2020
ajay devgn karan johar

The man who bullied the Bully – How Ajay Devgn made Karan Johar’s monopoly a joke and forced him to apologize

22 June 2020
Huawei, China, Trump, USA, Xi Jinping

‘Our survival is at stake now,’ Chinese Telecom giant Huawei crumbles after US ban on Semiconductor exports

19 May 2020
T-Series Sonu Nigam Divya Khosla Kumar Bhushan Kumar

T-Series forced to take down Atif Aslam’s video, Divya Khosla trolled. T-Series has a bad day in office

25 June 2020
Meat Ban

A Jain responds to Meat Ban in Mumbai

Public Sector Bank, Government, Bill

Dear bank employees, continue your stride but PSBs will be privatized

anti-Hindi

Anti-Hindi Forever?- In search of a National Language!

Dear Liberals – your Beef Parties are not protests, they just intend to displease the Majority

Dear Liberals – your Beef Parties are not protests, they just intend to displease the Majority

Yes, Akbar was more Naseeruddin Shah and not even one bit of Hrithik Roshan

Yes, Akbar was more Naseeruddin Shah and not even one bit of Hrithik Roshan

28 March 2023
Yami Gautam

Why Yami Gautam should get films more often

28 March 2023
Murud Janjira Fort History

Murud Janjira Fort: A Testament to India’s Maritime History

28 March 2023
Campa Cola

Reliance’s foray into Indian Soft Drinks: Can Campa Cola make a comeback?

28 March 2023

Popular This Week

Khalistani
Politics

No More Tolerance for Khalistanis: India’s Stand Against International Terrorist sympathisers

by Shubham Bajpai
22 March 2023
Khalistani
Geopolitics

After India’s veiled warning, countries around the world crack down on Khalistanis.

by Shubham Bajpai
23 March 2023
Renuka Chowdhury will file a defamation case against PM Modi
Opinions

A point-by-point rebuttal on Renuka Chowdhury’s rants

by Paurush Gupta
26 March 2023
Tanishq
Culture

A stupid Ad and a dumb explanation: What Tanishq lost in last 48 hours?

by TFIPOST News Desk
14 October 2020
Rahul Gandhi
Analysis

A bigger conspiracy lies behind Rahul Gandhi’s ouster

by Paurush Gupta
27 March 2023

©2023 TFI Media Private Limited

  • Terms of use
  • Privacy Policy
  • Sitemap
No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFI Official Merchandise
TFI हिन्दी
TFI Global
  • About us
  • Careers
  • Brand Partnerships

©2023 TFI Media Private Limited

Follow us on Twitter

and never miss an insightful take by the TFIPOST team

Follow @tfipost