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Saibaba order disappointment for state, cops killed in operations: Devendra Fadnavis | India News


NAGPUR: HC Bombay’s bench during acquittal GN Saibaba and four others pointed out that the prosecution of former professor DU under UAPA There was no mandatory penalty before the trial court recognized the indictment in 2014.
The ruling by judges Rohit Deo and Anil Pansare comes with a series of observations on how Section 45(1) of the UAPA, a valid sanction request from the interior ministry for prosecution, has been taken up by the police and courts. the trial was ignored in the case of Saibaba. . “The closing whistle song justifies the means and that procedural safeguards depend on the overwhelming need to ensure that the accused, prosecuted and punished, must be silenced by the voices of the rule of law,” it said.
The judges also quoted the former Union Interior Minister P Chidambaramwho passed a bill in Lok Sabha to amend the UAPA, about the need for an independent body to review the evidence in any such case and recommend the state or the Center to prosecute the accused .
The chair said the legislative order was to introduce prosecution penalties only after reviewing the independent agency’s report. “We hold that, in accordance with the discretion of the Supreme Court Constitutional Panel in the case of Baij Nath Prasad Tripathi, that if cognizance is made without complying with the requirement of a valid penalty, the entire the trial shall be effective, and the conviction or acquittal recorded shall not have effect. The Court has jurisdiction.”
The bench ordered Saibaba, Mahesh Kariman Tirki, Hem Keshavdatta Mishra and Prashant Rahi Narayan Sanglikar “to be released immediately, unless requested in any other circumstances”. Pandu Pora Narote, another of those convicted in the case, died of swine flu. The court canceled the bail of Vijay Nan Tirki, who is out on bail. All these releaseees are required to exercise a bond of Rs 50,000 each with the same amount of security.
Saibaba and his accomplices in The case of UAPA was convicted on 7 March 2017, by the then main district and the magistrate Suryakant Shinde hearings of the Gadchiroli court under sections 13, 18, 20, 38 and 39 of the UAPA and Section 120-B of the IPC for guilty of colluding with Maoist and conspiring against the state. This is the first case in Maharashtra of a judgment based entirely on electronic evidence.
Criticizing the session judge’s observations, judges Deo and Pansare said they could lead to the unintended consequence of delivering a verdict prone to accusations of lack of objectivity and unfairness. “We consciously rested ourselves by showing the contours of the evidence in the record and documented findings. We have limited the evidence treatment to merit, because of the point of view. With our consideration, appeals may be decided on invalid basis and not subject to penalties under Section 45 of the UAPA.”
Maharashtra Deputy CM Devendra Fadnavis, who holds the portfolio at home, called Saibaba’s acquittal along with four others “a huge disappointment” for the entire state, especially for the police and commandos killed in combat. with Maoists. He said: “The defendant was acquitted on technical grounds, despite sufficient evidence. We will do everything we can to reverse the verdict in the summit court.”

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