'Jail is an exception not a rule': Here is Harish Salve's powerful defence of Arnab in SC

Supreme Court's hearing on bail plea of Republic Media Network's Editor-in-Chief Arnab Goswami witnessed some key arguments by senior vocate Harish Salve. Arguing against Bombay High Court's order rejecting Arnab's bail petition, Salve focused on several aspects such as how case of abetment to suicide was me out, closure report, illegality of reinvestigation, malice on part of state and Chief Judicial Magistrate's observations. After hearing all sides, SC bench comprising Justices DY Chandrachud and Indira Banerjee granted him interim bail. Most importantly, it ruled that  Bombay HC was in error in rejecting application for grant of interim bail.

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Here are some of Salve's key arguments: 

Salve informed SC that an offence of abetment to suicide is t attracted in present case. He said, “ person was in financial difficulty and, reafter, committed suicide but how can it be abetment to suicide. For abetment re must be direct and indirect act of commission of offence. If tomorrow, a person commits suicide in Maharashtra and blames Government, n will Chief minister be arrested?”

Moreover, he listed all cases filed against Arnab and pointed out that offence was me out in any of m. Taking apex court through pattern of vendetta against Arnab, Salve highlighted how Hansa Research Group was being coerced to make statements against Republic TV which is evident from writ petition filed in Bombay HC by latter. He also raised concerns over his client's transfer in Diwali week. 

He stated, "Challenge to TRP is still pending. Mumbai Police is accused of coercing witnesses. 7 days man is being incarcerated. Look at discussion in assembly. it shows political system is angry with me (Arnab)."

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Citing that jail cant be rule, senior vocate stressed,  “Let us assume re is an FIR which is three years old why will you arrest him and n put him in Taloja with hardened criminals. Is Goswami a terrorist, is re a murder charge on him? This cant be assumed to be yet ar criminal case. Will heavens fall if this man is released. Jail is an exception, t a rule."

Meanwhile, it was Salve's contention that case can be reinvestigated only after a judicial order. According to him, reinvestigation is illegal as Maharashtra Home Minister Anil Deshmukh h directed DGP in this regard. He ded that it was a dangerous precedent for executive to order a re-investigation after Magistrate has accepted A Summary Report. 

“ A Summary Report (Closure) needs to be first set aside in a judicial forum. SC judgments say Magistrate's power cant be taken away to re-order a probe or set aside an A Summary report (Closure report). Truth has a nasty habit of sneaking out. y say that since police has been directed to re-investigate y are doing so. It is a dangerous precedent to say that after a magistrate has accepted an A Summary, Executive can order a re-investigation,” Arnab's counsel told court. 

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Quoting CJM's observations, he ted, “n why is his custodial interrogation required? Is this t eugh to release him on bond? Prima facie link between accused and suicide cant be established. judge should have released him on bond. That was t to be. Hence this plea before you (SC)." 

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