Updated: November 11, 2020 12:46:36 pm
The Supreme Court is hearing a statement from Goswami challenging the Bombay High Court order denying him bail in a suicide instigation case. (Express photo: Narendra Vaskar)
On Wednesday, the Supreme Court voiced strong discontent over the Bombay High Court order dismissing Republic TV editor-in-chief Arnab Goswami’s bail statement in incitement to the suicide case and said the higher courts they are not doing enough in matters in which personal liberty is denied, and if a constitutional court does not interfere, “it is undeniable that we are on the path of destruction.”
“SC is not happy that the HCs, which are constitutional courts, are not doing enough in matters where personal liberty is denied…” said Judge DY Chandrachud. “If this court did not interfere today, we are traveling a path of destruction of personal freedom without a doubt … If the state government attacks people in this way, let’s send a message that SC is there,” he added.
A holiday bench of Judges Chandrachud and Indira Banerjee made the remarks while listening to Goswami’s plea in defiance of the Bombay HC order.
Judge Chandrachud asked lead attorney Kapil Sibal, who appeared for Maharashtra, if there was any active encouragement or instigation in the case to constitute a crime of complicity in suicide. “Otherwise, look at the drastic consequences. We are dealing with personal freedom, ”said Judge Chandrachud. He added that India’s democracy is extraordinarily resilient and the Maharashtra government must ignore all of this (Arnab’s taunts on television).
Appearing in court for Goswami, attorney Harish Salve said that the Maharashtra police seeking to question Goswami in custody is nothing more than a smokescreen to teach him a lesson.
“The allegation (against Goswami) is about withholding money that can be determined from documents. What is the need for a custody questioning? It’s just a smokescreen to teach man a lesson, ”said Salve.
According to Live Law, Salve argued that Goswami was arrested on the basis of a three-year FIR. “That too during Diwali week and then they transfer him from Taloja jail,” he said, adding, “There’s no question what they (the state government) are trying to do.”
He also alleged that the Maharashtra government is misusing the power to re-investigate. Arguing that the overlap of malice and deeds, abuse and conduct of state power is not something that happens on a daily basis, he said: “We have passed the FIR stage. FIR was filed in May 2018 and after this matter was investigated. The power to re-investigate was misused, ”Salve quoted ANI as saying.
On November 9, the HC court of judges SS Shinde and MS Karnik denied Goswami bail. The court said that “no case was made on the basis of the facts of the case under section 439 of the Code of Criminal Procedure under extraordinary jurisdiction” and said that its observations are ‘prima facie’.
The HC gave him the freedom to request release on bail from the court of sessions under Section 439 of the CrPC and ordered the court of sessions to resolve the matter in four days, if presented.
Goswami and two other people, Feroze Shaikh and Nitish Sarda, were arrested on November 4.
The case against Goswami concerns the death of interior designer Anvay Naik and his mother Kumud Naik at their bungalow in Alibaug in May 2018. According to police officials, the duo died by suicide for alleged non-payment of fees for the Goswami canal and two other companies.
Meanwhile, Supreme Court Bar Association (SCBA) President Dushyant Dave protested Tuesday the “urgent” inclusion of Goswami’s petition before the two-judge court on Wednesday.
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