MOOT PROPOSITION:

Kavibaba was born in Amatpura, a small town in Saval Pradesh in Bharatvarsh, in a poor
peasant family. He is a highly intellectual person. He has been wheelchair-bound since the age
of five due to post-polio paralysis. He started working as an Assistant Professor in Karam
Anand College affiliated to the University of Bharatvarsh in 2003. He has led a respectable life
as a professor.

In 2013, in a violent Maoist attack by the Communist Party of Bharatvarsh (CPB Group) of
Saval Pradesh, several people were killed, many injured and public property worth lakhs was
destroyed in the Kamroli area of Swarashtra. This attack created fear of threat to the internal
security in several neighboring states of Saval Pradesh.

The Communist Party of Bharatvarsh (CPB Group) was a banned Maoist political and militant
organisation in Bharatvarsh whose activities & agenda aimed at overthrowing the "semi-
colonial and semi-feudal Bharatvarsh state" through protracted people's war. The CPB group
are also popularly known as the Navwadi Group. The party has been declared as a terrorist
organisation in Bharatvarsh under the Unlawful Activities (Prevention) Act, 2008 since 2009.

In early September 2013, the Kamroli Police claimed to have received secret information about
active members of the CPB Group and its allied front, the Krantikari Loktantra Sangathan and
its link to the said Navwadi violence. A total of six accused were presumed to be involved, one
of them was Kavibaba.

On September 9, 2013, the police conducted a search at Kavibaba's residence. A CD, DVD,
pen drive, papers and other items were seized by the search party.

Meanwhile, the Director of Prosecutions filed a report which is supposed to be an exhaustive

inquiry into the evidence gathered by the police. The report proposed sanctions against all the
accused, including Kavibaba.

However, on 15th February 2014, the sanctioning authority issued the first sanction for
prosecution - but, only against five accused, and Kavibaba not being one of them.

The next day, on February 16th, the police presented a final report on the investigations against
six accused to the magistrate. Even though the sanction for his prosecution had not been issued,
Kavibaba was one of the named accused. The final report charged the accused of committing
offences in violation of the Unlawful Activities (Prevention) Act.

The case against the six accused, including Kavibaba, was taken up by the Sessions Court
following the committal proceedings on 26th February, 2014. The Sessions Judge took
cognizance of the offences.

On 9th May 2014, Kavibaba was taken into custody after almost eight months. His arrest
sparked outrage amongst the students at the University of Bharatvarsh, and around 200 students
staged a demonstration outside Swarashtra Sadan on CG Marg, demanding immediate release
of the professor.
On 6th April 2015, a sanction was passed by the sanctioning authority to prosecute Kavibaba.
Meanwhile, Kavibaba had applied for bail sometime in 2014. He contended that his detention
was illegal. Due to his physical disability, there was no possibility of him fleeing the country.
He also contended that he was a responsible citizen and a respected academician and was being
framed in this case. He added that his health had deteriorated and his limbs were not working
properly. Further, the evidence gathered against him was tampered with and the police's
statements of the material being sealed after collection until it was handed to the forensic lab
for inspection was incorrect. The application was rejected by the sessions judge on 13th May
2014, seemingly relying on the sanction order of 15th February 2014, which did not even
mention Kavibaba. Since then, Kavibaba has been denied bail several times and continues to
be in detention till date. On 7th March 2017, the Kamroli Sessions Court, relying on the
evidence produced before the Magistrate, which linked Kavibaba with the Kamroli Navwadi
Violence and upon the statements of the witnesses, pronounced the accused guilty of charges
including unlawful activities, conspiracy, membership and support of terrorist gang. The Court
convicted the accused for the offences punishable under Sections 13, 18, 20, 38, and 39 of
Unlawful Activities (Prevention) Act, 1967 read with Section 120 B of the Bharatvarsh Penal
Code.

On the other hand, ever since his suspension in 2014, his family received only half the salary
for his position. Finally on 31st March 2021, the principal of the college signed a memorandum
terminating his services "with immediate effect"

The Swarashtra High Court's Division Bench had subsequently allowed an appeal filed by
Kavibaba challenging the 2017 order of the trial court convicting him and sentencing him to
life imprisonment.

The Division Bench of Swarashtra High Court on 14th October 2017 ‘discharged' Kavibaba.
The High Court took the decision on the ground that the sanction to prosecute Kavibaba under
the Unlawful Activities (Prevention) Act was “bad in law & Invalid and this had rendered the
entire trial null and void”. The report of the Director of Prosecutions of the State or Swarashtra
which was supposed to be an exhaustive review of the evidence gathered, was observed to be
ot only of six lines. The High Court held the report to be "laconic, containing conclusion sans
reasoning, being unfortunately a ritualistic formality".

Immediately the next day, the State filed a Special Leave Petition before the Supreme Court of
Bharatvarsh against the High Court's order.

The Prosecution contended that Kavibaba had chances to challenge the sanction as invalid at
the trial stage, however, he had not raised any objection regarding the sanction during the trial
court proceedings. Thus, he had waived his right and the report was an exhaustive review of
the evidence gathered even if it was of six lines and that his detention is necessary in the interest
of national security, sovereignty and integrity of Bharatvarsh.

The Supreme Court has 'suspended' the Swarashtra High Court's order, discharging Kavibaba,
thereby continuing his detention. The main reason stated by the Supreme Court was that the
Appellate Court has not been cautious of the merits of the case and held that the charges against
Kavibaba & others were of 'very serious nature' and the conviction could, therefore, not be set
aside on a mere technicality.
Kavibaba appealed to the Supreme Court on 18th October 2017, to review its decision and to
take the High Court's Order into consideration. The case is now placed before a special Bench
of the Supreme Court and is listed for the final hearing on 19th March 2023. The Hon'ble Court
has framed the following issues:

1. Whether the cognizance taken by the trial court in the absence of the sanction as required by
the Unlawful Activity Prevention Act renders the proceedings null and void?

2. Whether the report was an exhaustive review of the prosecution evidence by an authority
independent of the prosecution as required by the Unlawful Activity Prevention Act?

3. Whether the conviction of the accused by the trial court, based on merits, could be set aside
by the High Court on the ground of procedural technicality?

4. Whether the accused has been deprived of his right to personal liberty and therefore, his
detention is illegal?