A division bench of Bombay High Court comprising Justices S S Shinde and M S Karnik on Thursday heard the habeas petition filed by Republic TV chief Arnab Goswami against his arrest and remand in 2018 abetment to suicide case. The court refused to grant interim protection to Goswami, saying that the same plea will be considered tomorrow.
Appearing on the behalf of Arnab Goswami, senior advocate Abad Ponda said the commencement of new investigation against Arnab Goswami and the reopening the case is contrary to well-settled principles of criminal law. Ponda submitted before the Bombay HC seeking interim relief for the journalist.
But Justice Shinde said there is also a petition by the original informant and they also need to be heard before passing an order.
However, Ponda said that Arnab Goswami was already behind bars and the investigation is completely illegal. Ponda pressed for interim bail and urges the bench to keep the matter at least tomorrow.
“The manner in which this is done is completely shocking to a prudent man. The investigation could not have taken place when the ‘A Summary’ is on record,” said Advocate Ponda.
Senior Supreme Court advocate Harish Salve also made submissions before the Bombay High Court on behalf of Arnab Goswami. Salve said this is an issue of liberty of a citizen and Arnab Goswami was a journalist. “Will heavens fall if he is given interim release? I don’t understand, with due respect,” he added.
“Please release this man as an ad-interim measure and hear the case in detail later,” Salve added.
Police re-opening investigation shows scant respect for the Magistrate, counsel representing Arnab Goswami
However, Justice Shinde said he will give reasons for not granting ad-interim relief and added that the bench will hear the petition on re-opening date.
Arnab’s counsel represented by Ponda said that the police re-opening investigation shows scant respect for the Magistrate. The police served only an intimation to the Magistrate on October 15, 2020, about reopening the case, Ponda submitted before the court saying that there was no permission to re-open the case.
The court has not granted them permission. It records “seen and filed” and there was no permission, added Ponda. “The question that arises does the “A” summery order remain today or not. If it remains, the case is dead, and the police cannot resurrect it,” said Ponda.
A party cannot consider an order as invalid. A judicial order, even if void or voidable, remains valid until it is set aside by a superior forum. So the closure order remains : Ponda.#RepublicTV #ArnabGoswami #BombayHighCourt— Live Law (@LiveLawIndia) November 5, 2020
The counsel representing Republic TV chief Arnab Goswami said that the family of intervenor should have gone back to the Magistrate. “Before closure, you have to seek further investigation under Section 156(3). If after closure, they should seek further investigation under Section 173(8). Neither done in this case,” he added.
Point I am making is this – before closure, you have to seek further investigation under Section 156(3). If after closure, they should seek further investigation under Section 173(8). Neither done in this case : Ponda.#RepublicTV #ArnabGoswami #BombayHighCourt— Live Law (@LiveLawIndia) November 5, 2020
During his submissions, Ponda said that without a judicial order, further investigation could not be done and hence the arrest is illegal. He pointed out to the court that a stay of investigation can be ordered when it is illegal and affects liberty of a citizen.
After hearing the counsel, Justice Shinde asked if the informant is a necessary party to the petition. Ponda responded to it saying, “The limited relief I am seeking is only against the police and not against the informant”.
Senior counsel Harish Salve also responded to making the informant a party in the case and sought permission to add the informant orally.
Bombay High Court posted the petition for hearing tomorrow at 3 PM. The bench will consider the prayer for interim order for release.
Republic TV chief Arnab Goswami arrested, he files habeas corpus petition
After being manhandled at his residence by Raigad police cops who came to arrest him at his house yesterday in relation to a two-year-old closed case, Republic TV Editor-in-Chief Arnab Goswami has filed a plea before the Bombay High Court challenging his arrest by the police.
The plea in the Bombay High Court came after Mumbai Police had arbitrarily started re-investigation in the 2018 closed case of interior designer Anvay Naik’s suicide on the direction of Maharashtra Home Minister Anil Deshmukh.
In the plea filed by him before the Bombay High Court, Goswami said that his arrest was conducted in blatant violation of his fundamental rights to life and personal liberty and his dignity guaranteed under Article 21 of the Constitution. He had alleged that he was forced out of his residence by around 20 officials of Mumbai police and was dragged into the vehicle and his son was also assaulted.
In his plea, Goswami had sought an urgent interim stay on the re-investigation in the 2018 FIR lodged at Alibaug police station in which he was accused of abetment to suicide of Naik. He had asked the court to the issuance of a writ of Habeas Corpus directing Alibaug police to produce him in court claiming that his arrest and detention was illegal because the case was closed.
Earlier, Goswami was sent to a 14-day judicial custody by an Alibaug court, which had refused the Mumbai police plea seeking police custody of 14 days.
Republic TV chief Arnab Goswami arrested
Continuing their witch-hunt against Republic TV chief, the Mumbai Police on Wednesday arrested Arnab Goswami. The Mumbai Police reached Republic TV Editor-in-Chief Arnab Goswami’s residence on Wednesday and physically manhandled him as they tried to detain him in a 2018 abetment to suicide case that was already closed.
A team of Mumbai Police arrested Republic TV chief Arnab Goswami after they physically assaulted and dragged him by grabbing his hair. In a shocking act, a large contingent of Mumbai Police was seen present at Goswami’s residence on Wednesday morning. In the below video, it can be seen how officials of the Mumbai Police were manhandling the Republic TV chief.
In May 2018, an FIR was filed against Arnab Goswami after an interior designer had committed suicide in Mumbai. In a suicide note, Anvay Naik claimed Goswami owed him a total of Rs 5.4 crore. However, Goswami was investigated and case was closed by court after a closure report was filed by the Police.