Arnab bail hearing: SC sends message to HCs on ‘personal liberty’, key takeaways here

Making significant observations while hearing Republic Media Network's Editor-in-chief Arnab Goswami's plea, Supreme Court highlighted importance of personal liberty and also sent out a mess to High Courts across country. A two-judge bench consisting of Justice DY Chandrachud and Justice Indira Banerjee was hearing Arnab's plea challenging Bombay High Court order rejecting his interim bail plea and demanding quashing of FIR against him by Mumbai Police.

A day earlier, a division bench of Bombay HC comprising Justice SS Shinde and MS Karnik directed  Sessions Court to decide on Arnab Goswami's bail plea within 4 days of his filing petition, while it rejected plea. bench, however, clarified that its observations are prima facie in nature and will t apply to application me by Republic Media Network's Editor-in-Chief seeking regular bail. It held that rejection of interim bail plea will t be construed as an impediment to Arnab seeking alternative remedies. Arnab has w moved to top court challenging this order and also applied for interim bail in  Alibag Sessions Court - which will take up plea tomorrow (vember 12).

RE | Arnab's Plea in SC LIVE Updates

Arnab's plea hearing in SC

During hearing, Justice Chandrachud pointed out that a case of abetment cant be me if active incitement and encourment are t involved.

SC asked, "If money is owed to a person, is that a case of Abetment to suicide?"  Highlighting personal liberty, top Court furr asked, "Assuming FIR is gospel truth and that's a matter of investigation but is t paying up money Abetment to suicide? It will be a Travesty of justice if bail is t granted while FIR is pending?"

When lawyers at opposite side argued, that top court shouldn't interfere as matter is pending in sessions court, SC bench said, "Technicality cant be a ground to deny someone personal liberty. This is t a case of terrorism."

Terming that if Courts do t interfere in case, it will be injustice, Supreme Court bench ted, "Travelling to path of destruction if court does t interfere today. Whatever be his ideology, lest I don't even watch his channel but if in this case, constitutional courts do t interfere today - we are traveling path of destruction undeniably."

In a major mess to High Courts across country, Justice Chandrachud said, "We must send a mess today to High Courts as well. Please exercise your jurisdiction to uphold personal liberty! Case after case, High courts are denying personal liberty. If we as a constitutional court do t lay down law and protect liberty n who will?" Moreover, Court observed that Bombay High Court wrote a 50+ p order but has t dealt with ingredients of offence.

RE | Assam CM dials Uddhav Thackeray; asks him to ensure safety & security for Arnab Goswami

Supreme Court also came down heavily on action taken by Shiv Sena against Arnab, as narrated by Senior vocate Harish Salve in top court. "Our democracy is extraordinarily resilient. Governments must igre all this. This is t basis on which elections are fought."

RE | 'Why are y hurting?': Kirit Somaiya questions letter opposing Arnab's SC plea listing

Here are top observations by SC: 

1. "Technicality can't be ground to deny personal liberty, this is t a case of terrorism"

2. "We are travelling path of destruction undeniably if we don't interfere today"

3. "rmally when a commercial enterprise handed out, labour contractor is responsible for execution but you can’t catch man at Top — because contract was t executed basis abetment to suicide!"

4. "If money is owed to a person, is that a case of Abetment to suicide?"

5. "Our democracy is extraordinarily resilient. Governments must igre all this. This is t basis on which elections are fought"

6. "It will be a travesty of justice if bail is t granted while FIR is pending"

7. "We must send a mess to High Courts as well - Please exercise your jurisdiction to uphold personal liberty"

8. "We are dealing with personal liberty here"

9. " Bombay HC has written a 50+ p order but has t dealt with ingredients of offence"

RE | Trying to dictate terms to judges: Ratan Sharda questions Dave opposing Arnab's SC listing