The Supreme Court on Friday issued notice to Roopesh on an appeal filed by Kerala against a State High Court decision to discharge him in cases registered under the Unlawful Activities (Prevention) Act (UAPA) and Section 124A (sedition) of the Indian Penal Code.
A Bench led by Justice M.R. Shah sought a response from Roopesh, who was accused of being a Maoist leader.
The High Court, in March, had allowed Roopesh’s plea to quash the cases against him on the ground of irregularities in the order granting sanction for prosecution, including the violation of the seven-day deadline for sanction prescribed in the rules. The government had delayed the grant of sanction by six months, the High Court had observed.
The High Court had concluded that the sanction order of the UAPA was not brought out in time and there was no application of mind. It had said both factors had vitiated the cognisance taken by the Special Court of the cases.
Roopesh was accused of distributing pamphlets containing "seditious writings" in tribal colonies in Wayanad.