On a Saturday hearing, the Supreme Court, Bench of Justices MR Shah and Bela M. Trivedi suspended the decision of the Bombay High Court (Nagpur Bench) acquitting professor GN Saibaba and 4 others in alleged Moist Links.

The Bench was constituted yesterday for the matter being listed today. Today the court set at 11 O'clock in the morning for hearing the State appeal.

Solicitor General of India Tushar Mehta appeared for the State whereas Sr. Advocate R. Basant appeared for Professor GN Saibaba. An intense argument went on for almost 2 hours in the Supreme Court. 

The main thrust of the bench was upon the manner in which the appeal was decided by the Bombay High Court. The Bombay High Court had overturned the conviction order of the Special Court by giving reasons that sanction was not obtained by the prosecution and the reasons stated by the trial court were not discussed and decided at all.

On this, Mr. Basant argued that they have argued everything before the High Court but the High court has passed the order only on this count. The bench replied that it is not your mistake, it is the mistake of the High Court.

The Court observed that "We are of the opinion that it is a fit case to exercise power under 390 of Code of Criminal Procedure and suspend the order of the High Court. The medical grounds of the accused was presented and rejected by the High Court during a bail plea earlier. Thus, the High Court order stands suspended. Issue notice,"

The Court further ordered "This court is of prima facie opinion that a detailed scrutiny is required with regard to the impugned judgment since High Court has not considered the merits of the case including the gravity of the offence alleged against him."

When the advocate for the accused argued that they were on bail during trial, the Apex Court gave liberty to the accused to file a bail application.