[GN Saibaba case] "Never heard of acquittal being suspended in special Saturday hearing": Kapil Sibal on Supreme Court order

Senior Advocate Kapil Sibal on Friday lamented how the cases affecting the ruling dispensation are posted before certain judges, thereby, resulting in favourable orders for the government..Sibal cited the recent case of GN Saibaba as an example to buttress his argument."Only in rarest of cases sentences (after conviction) are suspended but I have never heard acquittal being suspended on a special Saturday hearing. The institution has to be concerned about itself and it is disturbing," he said.A Supreme Court bench of Justices MR Shah and Bela M Trivedi had sat on October 15, Saturday and suspended a Bombay High Court judgment which had acquitted GN Saibaba in an alleged Maoist links case.The issue, Sibal said, is with how the Chief Justice of India (CJI) exercises his master of roster of powers to allocate cases."The issue is with master of roster. Most cases dealing with government go to a particular judge. That is not automatically assigned. So why is that happening," he said.Pertinently, he called for lawyers to start a movement to fight against executive excesses and said that lawyers should not hold back due to fear."I will be a part of this mobilisation. If you go to conquer Mount Everest you fear but still you go. It is the love of our country which will rid us of this fear. Ultimately toh sirf jail hi jana padega (At the most, you will have to go to jail)," Sibal said..I have never heard acquittal being suspended on a special Saturday hearing.Kapil Sibal .Sibal was speaking at a private event organised by lawyers to felicitate him for completing 50 years at the bar. He lamented the institutional failure which has led to the government going unchecked. "Prior to 2014, the situation was not that bad. But after 2014 no institution is willing to stand up. Look at the University system and position of vice chancellor.. see what is happening in the judiciary, police force, Election Commission; media is the worst," he said..On question about laws like Unlawful Activities Prevention 9UAPA), Prevention of Money Laundering (PMLA), and Prevention of Terrorism Act (POTA), Sibal said that it is not the law that matters but the misuse of the same by the executive machinery."Even under ordinary laws the machinery is probing with a polluting mind. The law does not matter, it is the agency which is dealing with the law and implementing the same. It is not just the stringency of the law," he opined.In this regard, he highlighted how the silence of the judiciary was aiding the executive."If you misuse the law and the judiciary is silent, then what do you to. Silence of the judiciary is the most vocal part of the Indian system. What to do," he asked..If you misuse the law and the judiciary is silent, then what do you to.Kapil Sibal .He also took a dim view of the Bar and their inaction. "Lawyers are silent and they see the profession as a money making venture. Lawyers must stand up without fear," he stated.He urged lawyers to bring about social mobilisation so as to secure justice. "I want to personally do something and tell the lawyers of the country that they have a role to play in social mobilisation of this country. We need a platform for insaaf and justice. Insaaf requires sacrifice and you cannot be sitting in an office," he stated.Advocate Aparna Bhat said that there is fear among lawyers and even if they want to raise their voice, there is a vacuum and lack of support."How to bring them together," she asked."If you go to conquer Mount Everest you fear but still you go. It is the love for our country which will rid us of this fear. Ultimately toh sirf jail hi jana padega (At the most, you will have to go to jail)," Sibal replied..I will be a part of this mobilisation. If you go to conquer Mount Everest you fear but still you go. It is the love of our country which will rid us of this fear.Kapil Sibal."Lekin agar UAPA lag gaya," the audience asked."Fir thode din aur jail bus. Aur kya (then some extra days in jail). I will start a lawyers movement in Delhi. It will happen and it has to start somewhere," he stated.

[GN Saibaba case] "Never heard of acquittal being suspended in special Saturday hearing": Kapil Sibal on Supreme Court order

Debayan Roy

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