Published 20:27 IST, November 7th 2020
Bombay HC reserves order on plea against illegal arrest; Arnab continues to be in custody
Sr Advocate Harish Salve made strong arguments representing Arnab Goswami as Bombay HC reserved its order in Republic's Editor-in-Chief's plea against arrest
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Senior vocate Harish Salve me strong arguments representing Arnab Goswami once again, as Bombay High Court on Saturday reserved its order in Republic Media Network's Editor-in-Chief's plea against his arrest. two-judge bench comprising of Justices S S Shinde and M S Karnik ordered that bail can be sought by Arnab under Section 439 from sessions court. court also ordered that sessions court must decide within four days if approached for bail. Bombay High Court would prounce its order as soon as possible, Justice Shinde stated.
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Bombay High Court reserves its order
Previously, on Friday, arguing for Arnab's release, senior vocate Harish Salve h stated that permission h been taken by police for reopening 2018 Anvay Naik abetment of suicide case in which Arnab has been arrested, as per order of Chief Judicial Magistrate, ding ' arrest is illegal'. Critically, while prouncing her order in remand hearing, CJM too observed that re is chain showing nexus between suicide and role of accused i.e. Arnab.
During day's proceedings on Saturday, Maharashtra government defended Arnab's arrest, stating that if 'illegal arrest has resulted in judicial remand', questioning of arrest is 't relevant'. It also maintained that state govt has power to direct investigation.
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After court heard all parties, including two or co-accused who have also been arrested as well as informant's (Naik family's) lawyer, Harish Salve offered his contentions, arguing that High Court was a correct forum to seek bail.
Harish Salve referred to Jagisha Arora habeas case where Supreme Court ordered release of Prashant Kajia from custody, and stated that " very same argument that habeas was t maintainable was raised re. Supreme Court did t accept it and ordered release of Prashant Kajia who was remanded to custody."
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"If question to be asked is if Court has power, answer is yes. writ petition is based on a case of 'malice in fact' by state" he asserted, ding, "If under Article 32 bail can be granted, bail can be granted under Article 226." "Alternate remedies do t exclude jurisdiction of this court. This is a fit case for -interim bail."
Maharashtra state's lawyer seeks to delete Param Bir Singh's name as a party respondent; Salve refutes
vocate for state of Maharashtra, Devatt Kamat, h also me an interjection for deletion of Mumbai Police Commissioner Param Bir Singh as party respondent. Harish Salve objected stating "this habit of he butting arguments is t good." When vocate Kamat once again me submission to delete Param Bir Singh's name, Salve objected, saying that submission cant be entertained when court is pressed for time (given that Diwali vacations are set to begin from Monday and court was only hearing case on Saturday following consensus.)
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" case is by Raig Police. re is allegation against Mumbai police. So Mumbai police commissioner has unnecessarily been me a party in personal capacity," Kamat argued. "This cant be permitted, I just want to submit one judgment." To this, Salve said "Oh God...." Kamat continued, "When a litigant comes to court, re has to be some responsibility. " Salve interrupted. Kamat continued, referring to a judgment, stating that re has to be some responsibility while making allegations and that "this is t a TV studio, this is a constitutional court." Salve n shot back, "We are seeing great responsibility when Police Commissioner is giving press conferences"
Salve was referring to Param Bir Singh's infamous press conference in TRP case wherein he h me allegations of TRP manipulation against Republic whereas complaint and resulting FIR h both named ar channel and t Republic TV, Republic Bharat or any or affiliate of Republic Media Network. Supreme Court h also earlier me sharp observations, saying that court is concerned that of late, Commissioners have tendency of giving press interviews on ongoing cases
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In same TRP scam case over which Param Bir Singh h spoken, court h earlier in day asked Mumbai Police to t harass complainant Hansa Research's employees, and ordered limiting of inquiry on m to two days per week. This came after Hansa Research h filed a writ petition expressing its displeasure over repeated summoning and on being forced to give statements against Republic Media Network in case.
Arnab Goswami's shocking arrest
On Wednesday at 7:45 AM, Mumbai Police barged into house of Republic Media Network's Editor-in-Chief Arnab Goswami and forcefully dragged him out, arresting him under Section 306 of Indian Penal Code in 2018 Anvay Naik suicide case. police personnel t only stopped Arnab from handing over medicines to his parents-in-law but also physically assaulted him and his son, even refusing to let him wear his shoes. Arnab was neir served prior summons r allowed access to his legal team.
Mumbai police n handed him over to Raig police, which took him to Alibag Police Station, where his lawyer informed that Arnab h suffered an injury on his left hand after being heckled by police. As per lawyer, he was pulled by his belt and was beaten on back of his spine. After a 5-hour long remand hearing, however, Chief Judicial Magistrate rejected granting custody to Raig police and Arnab was remanded to 14 days of judicial custody.
20:10 IST, November 7th 2020