Further, the top court submitted that, ince the previous bench had already formed an opinion on the question of sanction being needed so the case be heard by another bench of the High Court.

"It will be open for the State to argue that sanction need not be considered once accused is convicted in such a case...We request the High Court to dispose of the appeals expeditiously, preferably within four months. It is also observed that propriety demands that on appeal, the matter be placed before another bench than that which passed impugned order," the apex court ordered.

The verdict came in a challenge to the High Court's judgment of October 14, 2022 that had allowed an appeal filed by Saibaba challenging a 2017 trial court decision convicting and sentencing him to life imprisonment.

The High Court had recorded that while terrorism poses an ominous threat to national security and every legitimate weapon in the armoury must be deployed against it, a civil democracy cannot sacrifice procedural safeguards afforded to the accused.