Published 16:40 IST, November 11th 2020
MASSIVE: Arnab Goswami granted interim bail by Supreme Court a week after his arrest
The Supreme Court on Wednesday ordered the release of Republic Media Network's Editor-in-Chief Arnab Goswami in a 2018 abetment to suicide case on interim bail.
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Supreme Court on Wednesday ordered release of Republic Media Network's Editor-in-Chief Arnab Goswami and or co-accused in a 2018 abetment to suicide case on interim bail. court said that Raig police should ensure compliance of order of release of Arnab Goswami forthwith.
top court said that detailed judgment recording reasons for order will be released later. bench 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 two-judge bench comprising of Justice DY Chandrachud and Justice Indira Banerjee highlighted importance of personal liberty and also sent out a mess to High Courts across country.
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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'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.
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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 travelling path of destruction undeniably."
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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.
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."
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16:40 IST, November 11th 2020