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Questionable urgency

Questionable urgency : On the Supreme Court’s stay on G.N. Saibaba’s acquittal 

 Swift stay on orders of acquittal or discharge show courts in a bad light  

The manner in which the Supreme Court has suspended the operation of a Bombay High Court judgment discharging G.N. Saibaba and others in an alleged Maoist conspiracy case is quite unusual and raises critical questions. It is true that their conviction by a trial court — with Prof. Saibaba and four others being sentenced to life and another to 10 years under provisions of the Unlawful Activities (Prevention) Act (UAPA) — was set aside by the High Court not on merits, but only on technical grounds, and the state may feel aggrieved. However, the apex court could have been more restrained while entertaining an appeal against the order. The Court showed extraordinary zeal in fulfilling the Maharashtra government’s wish to have an immediate hearing. A special Bench of Justices M.R. Shah and Bela Trivedi was formed to hear the appeal on a Saturday. Consider the circumstances: the accused have spent years in prison, Prof. Saibaba is disabled, and soon after their discharge, they were required to file a bond under a procedure that requires even those acquitted to be available for further proceedings in case there is an appeal. It is doubtful whether the Court should have responded with such swiftness just to suspend a judgment that has given detailed reasons for discharging the accused. After all, appeals against acquittals are not uncommon

The gist of the High Court verdict is that in the case of five accused (one of them died in prison), the sanction for their prosecution under UAPA was invalid because material was placed before the sanctioning authority and sanction obtained on the same day, and that there was no summary of the analysis of the evidence made by an independent reviewer to assist the grant of sanction. In the case of Prof. Saibaba, cognisance was taken and even a witness was examined before the sanction order arrived, rendering the entire proceedings void. The Government may have an arguable case, going by Section 465 of the CrPC, that any error, omission or irregularity in the matter of sanction would not vitiate the trial, unless there has been a failure of justice as a result, and that it is a curable defect. However, these issues have been elaborately dealt with by the High Court. The Bench has concluded that when dealing with special laws such as the UAPA, every safeguard provided by the legislature, however small, must be zealously protected. A 1976 judgment does give the Supreme Court the power to suspend an acquittal order, but as a matter of principle, the benefit of acquittal or discharge must not be interdicted by an appellate court without a full hearing.

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Proceeding (noun) – course of action, action, step, measure, move कार्यवाही

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The Accused (noun) – A person or group of people who are charged with or on trial for a crime. दोषी

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Provision (noun) – term, clause, requirement, specification, stipulation प्रावधान

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Examine (verb) – inspect, survey, scrutinize, look at, look into जांच करना

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Merit
(noun) – good point, strong point

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Maoist
(noun) – A follower of the communist doctrines of Mao Zedong. माओवादी

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Prosecution
(noun) –legal action, lawsuit, suit at law, case, court case अभियोग

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Legislature
(noun) – The legislative body of a country or state. विधान मंडल

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Safeguard
(noun) – protection, defence, guard, shelter

रक्षा, बचाव

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Questionable (adjective) – controversial, contentious, open to question

संदिग्ध

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Conviction (noun) – declaration of guilt, pronouncement of guilt, sentence

दोषसिद्धि

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Go by
(phrase) –  To base an opinion or analysis on a specific piece of information,

के अनुसार

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Void
(adjective) –  invalid, nullified, cancelled, revoked, rescinded, abolished

अमान्य

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The
Apex court (noun) – Supreme court

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Verdict
(noun) – judgement, adjudication, adjudgement, decision

निर्णय

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Hearing
(noun) – trial, court case, inquiry, legal proceedings

सुनवाई

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Consider
(verb) – think about, contemplate, examine, appraise, review

विचार करना

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Alleged
(adjective) –so-called, supposed

कथित

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Urgency (noun) – emergency, exigency, need, stress, importunity

तात्कालिकता

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Assist
(verb) – help, support, assistance, helping, promote

सहायता करना

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Conspiracy
(noun) – plot, intrigue, scheme, cabal, collusion

साजिश

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Conclude
(verb) – Decide by reasoning; draw or come to a conclusion

परिणाम निकालना

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Set aside
(phrasal verb) – declare a legal decision or process to be invalid

रद्द करना

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Sentence
(verb) – (used about a judge) to tell somebody who has been found guilty of a crime what the punishment will be

अपराधी को सज़ा सुनाना

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Aggrieved
(adjective) – offended, upset, peeved, injured

व्यथित

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Restrained
(adjective) – Cool and formal in manner; calm, reserved, controlled

शांत

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In a bad light
(phrase) – to make someone seem to be a bad person

गलत तरीके से दिखाना

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Material
(noun) – information, data, facts

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Suspend
(verb) –  discontinue, interrupt, delay, hang, stop

निलंबित करना

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Swift
(adjective) – quick, rapid, fast, speedy, fleet

तीव्र

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Appellate
(adjective) – (especially of a court) concerned with or dealing with applications for decisions to be reversed.

अपीलीय

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Stay (noun) – a suspension or postponement of judicial proceedings

रोक लगाना

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Acquittal (noun) – absolution, discharge, exculpation, exoneration,

दोषमुक्ति, रिहाई

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Entertain (verb) – take into consideration, have in view

विचार करना

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Zeal (noun) – enthusiasm, eagerness, passion, ardor, fervor

उत्साह, जोश

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Disabled (adjective) – handicapped, crippled, incapacitated

विकलांग

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Acquit (verb) – exonerate, absolve, exculpate, deport, discharge

बरी करना

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Swiftness (noun) – speed, haste, rapidity, quickness

तेज़ी

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Uncommon (adjective) – unusual, rare, exceptional, extraordinary,

असामान्य

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Gist (noun) – the central meaning or theme of a speech or literary work

सार, निष्कर्ष

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Sanction (noun) – authorization, permission, approval, consent, endorsement

मंजूरी

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Sanctioning (adjective) – authorizing, permitting, approving, passing, endorsing

स्वीकृति देने वाले

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Render (verb) – Cause to become

बनाना

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Arguable (adjective) – disputable, debatable, questionable, controversial, moot

विवाद-योग्य

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Omission (noun) – oversight, failure, neglect, dereliction, default

चूक

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Vitiate (verb) – Destroy or impair the legal validity of.

बिगाड़ना, निष्फल करना

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Curable (adjective) – remediable, reparable, treatable, recoverable, restorable

साध्य

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Defect (noun) – flaw, fault, blemish, imperfection, shortcoming

दोष, त्रुटि

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Elaborately (adverb) – intricately, richly, lavishly, ornately, sumptuously; With elaboration

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Deal with (phrasal verb) – handle, cope with, treat, manage,

निपटना, सुलझाना

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Zealously (adverb) – enthusiastically, ardently, fervently, passionately, eagerly

जोश से, उत्साहपूर्वक

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Interdict (verb) – prohibit, veto, proscribe, forbid, embargo

प्रतिबंध लगाना