A bench comprising Justices M.R. Shah and Bela M. Trivedi suspended the high court’s judgment.
The Maharashtra government had moved the apex court questioning the validity of the Bombay High Court’s judgment discharging Saibaba and the five others in the case of having links with banned Maoists organisations due to absence of sanction.
“The High Court has erred in not considering the fact that the point of sanction was neither raised nor argued before the trial court and yet the trial court had rightly concluded the said point against the accused holding that there was no substantial failure of justice,” said the state government.
During the hearing, the top court noted that the accused were convicted after detailed appreciation of evidence and offences are very serious and if the state government succeeds on merits, offences are very serious against the interest of the society.
The apex court also issued a notice in the matter.
Senior advocate R. Basant represented Saibaba before the apex court.
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