Bombay HC reserves order on plea against illegal arrest; Arnab continues to be in custody

Senior Advocate Harish Salve made strong arguments representing Arnab Goswami once again, as the Bombay High Court on Saturday reserved its order in Republic Media Network's Editor-in-Chief's plea against his arrest. The 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 the sessions court. The court also ordered that the sessions court must decide within four days if approached for bail. The Bombay High Court would pronounce 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 advocate Harish Salve had stated that no permission had been taken by the police for reopening the 2018 Anvay Naik abetment of suicide case in which Arnab has been arrested, as per the order of the Chief Judicial Magistrate, adding 'the arrest is illegal'. Critically, while pronouncing her order in the remand hearing, the CJM too observed that there is no chain showing nexus between the suicide and the role of the accused i.e. Arnab. 

During the day's proceedings on Saturday, the Maharashtra government defended Arnab's arrest, stating that if 'illegal arrest has resulted in judicial remand', questioning of arrest is 'not relevant'. It also maintained that the state govt has the power to direct investigation.

After the court heard all parties, including two other co-accused who have also been arrested as well as the informant's (Naik family's) lawyer, Harish Salve offered his contentions, arguing that the High Court was a correct forum to seek bail. 

Harish Salve referred to the Jagisha Arora habeas case where the Supreme Court ordered the release of Prashant Kanojia from custody, and stated that "the very same argument that habeas was not maintainable was raised there. The Supreme Court did not accept it and ordered the release of Prashant Kanojia who was remanded to custody."

"If the question to be asked is if the Court has the power, the answer is yes. The writ petition is based on a case of 'malice in fact' by the state" he asserted, adding, "If under Article 32 bail can be granted, bail can be granted under Article 226." "Alternate remedies do not exclude the jurisdiction of this court. This is a fit case for ad-interim bail."

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The advocate for the state of Maharashtra, Devadatt Kamat, had also made an interjection for the deletion of Mumbai Police Commissioner Param Bir Singh as party respondent. Harish Salve objected stating "this habit of head butting arguments is not good." When advocate Kamat once again made the submission to delete Param Bir Singh's name, Salve objected, saying that the submission cannot be entertained when the court is pressed for time (given that the Diwali vacations are set to begin from Monday and the court was only hearing the case on Saturday following consensus.) 

"The case is by Raigad Police. There is no allegation against Mumbai police. So the Mumbai police commissioner has unnecessarily been made a party in personal capacity," Kamat argued. "This cannot be permitted, I just want to submit one judgment." To this, Salve said "Oh God...." Kamat continued, "When a litigant comes to the court, there has to be some responsibility. " Salve interrupted. Kamat continued, referring to a judgment, stating that there has to be some responsibility while making allegations and that "this is not a TV studio, this is a constitutional court." Salve then shot back, "We are seeing great responsibility when the Police Commissioner is giving press conferences"

Salve was referring to Param Bir Singh's infamous press conference in the TRP case wherein he had made allegations of TRP manipulation against Republic whereas the complaint and resulting FIR had both named another channel and not Republic TV, Republic Bharat or any other affiliate of Republic Media Network. The Supreme Court had also earlier made sharp observations, saying that the court is concerned that of late, Commissioners have the tendency of giving press interviews on ongoing cases

In the same TRP scam case over which Param Bir Singh had spoken, the court had earlier in the day asked the Mumbai Police to not harass complainant Hansa Research's employees, and ordered the limiting of inquiry on them to two days per week. This came after Hansa Research had filed a writ petition expressing its displeasure over repeated summoning and on being forced to give statements against Republic Media Network in the case.

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Arnab Goswami's shocking arrest

On Wednesday at 7:45 AM, the Mumbai Police barged into the house of Republic Media Network's Editor-in-Chief Arnab Goswami and forcefully dragged him out, arresting him under Section 306 of the Indian Penal Code in the 2018 Anvay Naik suicide case. The police personnel not 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 neither served prior summons nor allowed access to his legal team. 

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Mumbai police then handed him over to Raigad police, which took him to Alibag Police Station, where his lawyer informed that Arnab had suffered an injury on his left hand after being heckled by the police. As per the lawyer, he was pulled by his belt and was beaten on the back of his spine. After a 5-hour long remand hearing, however, the Chief Judicial Magistrate rejected granting custody to the Raigad police and Arnab was remanded to 14 days of judicial custody.

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