On Wednesday, the Apex Court granted interim bail to Republic TV editor-in-chief Arnab Goswami who was arrested last week in connection with a 2018 abetment to suicide case. The Court also asked the HC's to exercise their jurisdiction to uphold personal liberty.
The bench, headed by Justice Chandrachud, granted Arnab Goswami & two other accused interim bail on a bond of Rs 50,000. The bench directed the Commissioner of Police to ensure the order is followed immediately.
Senior Advocate Harish Salve, who was representing Goswami, argued that the power to re-investigate was being wrongly used. “We are well past the FIR stage. The FIR was lodged on May 5, 2018, & after this matter was investigated. The Power to re-investigation has been wrongly used, he said.
His argument came in the backdrop of Maharashtra HM Anil Deshmukh ordering a re-investigation on the basis of a fresh complaint by the family of designer interior designer Anvay Naik, who along with his mother Kumud had died by suicide in May 2018. In a suicide note, Naik had alleged non-payment of dues by firms of the accused.
A vacation bench of Justices DY Chandrachud & Indira Banerjee expressed concern over State Govts targeting “individuals on the basis of ideology, difference of opinion” & said that they must realise there is an apex court to protect liberty of citizens.
The Supreme Court observed that Indian democracy is “extraordinarily resilient” & the Maharashtra Govt must ignore all this (Arnab’s taunt on TV). “Whatever be his ideology, least I don’t even watch his channel but if in this case constitutional court’s do not interfere today, we are travelling the path of destruction undeniably,” Justice Chandrachud said, adding, “the point is can you deny personal liberty of a person on these allegations”.
The Court added that “We are seeing case after case where HCs are not granting bail & failing to protect personal liberty of people".
The news anchor had moved the Supreme Court on Tuesday challenging the HC’s order denying him bail. Goswami, & 2 other accused Feroz Shaikh & Nitesh Sarda, was arrested on Nov 4. They were produced before the Court on the same day. The magistrate, however, refused to send them in police custody and remanded them in judicial custody till Nov 18.
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