Constitute a new High Court bench to decide afresh: Supreme Court on GN Saibaba’s conviction under UAPA



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Today, the bench was hearing a Maharashtra Government’s plea challenging the Bombay High Court’s decision to allow appeals against the conviction and life sentence imposed on former Delhi University Professor GN Saibaba under UAPA (Unlawful Activities Prevention Act). In this context, the Supreme Court bench comprising Justice CT Ravikumar and Justice MR Shah of India set aside the order and judgment by the Bombay High Court. The order delivered was “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 judgment 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 sanction.” Also, the bench suggested presenting the matter for hearing before a new High Court bench rather than the one that had already formed an opinion on the case. In this case, the accused was arrested in 2014 and was convicted by the Sessions Court at Gadchiroli, Maharashtra in March 2017, for offences under Section 120B of the Indian Penal Code, Sections 13, 18, 20, 38, and 39 of the UAPA. 

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