After shooting arrows blindly and intentionally maligning the image of the Election Commission, with the notorious foreign press conference on EVM, veteran Supreme Court lawyer Kapil Sibal is back with similar ranting against top institutions of the country. But the allegations of misuse of Institutions are a bit too rich coming from the Former UPA Law and Justice Minister Kapil Sibal. It was an open secret among the legal fraternity that the UPA Minister could get bail for his clients over phone calls.
The rampant misuse of central agencies to hound their political opponents and cropping despicable falsehoods of Hindu terror are some other facets of the tainted and controversial legacy of the former UPA Minister.
With age catching up fast to the veteran SC lawyer, we want to brush up some of the legal provisions. The learned Counsel blatantly overlooked statutory provisions while making wild allegations. He insinuated grave charges against the esteemed pillars of democracy that we will shred piece by piece.
His Allegations
While speaking at a celebratory event to mark his 50 years in legal practice, SC lawyer Kapil Sibal made several charges against top institutions of the country.
The Senior lawyer alleged that he has never heard of a case where the judges have suspended an acquittal. He also questioned the ‘special Saturday proceeding’ held in the SC. He was clearly referring to the Supreme Court’s recent suspension of Bombay High Court’s order in the GN Saibaba vs State of Maharashtra case.
SC lawyer Kapil Sibal accused that there are many issues in roasters and case listings. He brazenly alleged that, in the past couple of years, the sensitive cases “involving” the Government only went to a particular judge. Going ahead, he sermonised that ultimately, the institution (Judiciary) must be concerned about itself.
Also Read: Ayodhya, CAB, Triple Talaq – Kapil Sibal – The saviour of the losers
The Senior SC Counsel had issues with every institution of the country and questioned the integrating of the central agencies as well.
Even after questioning all the institutions, the senior lawyer didn’t end his ranting there. He went further and opined that if the government misuses the law and the judiciary is silent then what do you as the Common Citizen would do? He further added that this was the reason why he was talking (making allegations) about institutions and not individuals. The silence of the judiciary is the most vocal part of the Indian system now.
The Minister concluded his rhetorical remarks by lamenting. He said, “So if the media succumbs, the judiciary is not active and is silent, and all other institutions collaborate with the government, that’s a heavy mix.”
Chronology of the GN Saibaba case
The case pertains to Maoist terrorism and inciting violence against the state, in areas of Gadchiroli. The case started way back in 2013 and the court proceedings began in 2015. The charges were framed on several accused. After detailed documentary, testimonial and electronic evidence by prosecution and accused, the Sessions Court found the accused guilty of hatching a criminal conspiracy.
After the long drawn adversarial process, the court verdict stated that the object of the criminal conspiracy was to wage war against the Government of India. The conviction of the accused, including GN Saibaba, was a result of an elaborate court trial.
Also Read: GN Saibaba has finally been nabbed, his crimes are too horrible and too many
The issue of grant of sanction or its validity was never raised by the accused at any point of time during the trial. It was for the first time in Bombay High Court that the accused raised the issue of necessary sanctions. As per UAPA provisions, a prior sanction of the Central government is needed. Before that no court can take cognizance of the charge sheet.
Why the Minister needs to brush up his legal knowledge
The Bombay High Court while hearing the plea of the accused accepted the arguments of the defence counsel that necessary sanctions were not granted in the matter. The High Court then set aside the order of conviction and sentence of all the accused. The ignorant Minister Sibal should not forget that Saibaba and others were released on the ground of invalidity/want of sanction. It doesn’t mean an acquittal or a finding or innocence of the charges. Even if SC had ruled in favour of GN Saibaba and other accused in specific concern of grant of sanctions, the accused were still liable for a retrial after getting a valid sanction. The Honourable High Court had also noted this very fact.
Now, Mr Sibal let me explain why the Supreme Court suspended the High Court order. The learned Counsel Mr Sibal should not forget the clearly stated statutory provisions namely – Section 465 (1) and Section 465 (2). Both the CrPC Sections clearly states that error or irregularity in sanction can’t be a reason for reversal or alteration of Court’s order unless it amounts to the travesty of Justice.
Also Read: Supreme Court suspends the acquittal of GN Saibaba
So, Mr Sibal, rather than introspecting, this needless vilification of top institutions will take you nowhere. Your credibility and legal acumen have eroded completely. Now, they hold the same value as your famous “Zero loss theory” did in the court of law.
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