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, the Supreme Court highlighted the importance of personal liberty and also sent out a message to the High Courts across the country. A two-judge bench consisting of Justice DY Chandrachud and Justice Indira Banerjee was hearing Arnab's plea challenging the Bombay High Court order rejecting his interim bail plea and demanding quashing of FIR against him by the Mumbai Police.

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

READ | Arnab's Plea in SC LIVE Updates

Arnab's plea hearing in SC

During the hearing, Justice Chandrachud pointed out that a case of abetment cannot be made if active incitement and encouragement are not involved.

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

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

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

In a major message to the High Courts across the country, Justice Chandrachud said, "We must send a message today to the 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 not lay down law and protect liberty then who will?" Moreover, the Court observed that the Bombay High Court wrote a 50+ page order but has not dealt with the ingredients of the offence.

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The Supreme Court also came down heavily on action taken by Shiv Sena against Arnab, as narrated by Senior advocate Harish Salve in the top court. "Our democracy is extraordinarily resilient. Governments must ignore all this. This is not the basis on which elections are fought."

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Here are the top observations by the SC: 

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

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

3. "Normally when a commercial enterprise handed out, the labour contractor is responsible for execution but you can’t catch the man at the Top — because the contract was not 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 ignore all this. This is not the basis on which elections are fought"

6. "It will be a travesty of justice if bail is not granted while FIR is pending"

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

8. "We are dealing with personal liberty here"

9. "The Bombay HC has written a 50+ page order but has not dealt with the ingredients of the offence"

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