Published 18:07 IST, November 5th 2020
Arnab Goswami's Arrest: Bombay High Court to hear both sides & pass orders at 3pm tomorrow
The Bombay HC has posted the petition of Republic's Editor-in-Chief Arnab Goswami challenging his arrest by the Maharashtra police for hearing on Friday at 3 pm
The Bombay High Court on Thursday posted the petition of Republic Media Network's Editor-in-Chief Arnab Goswami against his arrest by the Maharashtra police for hearing on Friday at 3 pm. The bench comprising Justices SS Shinde and MS Karnik will consider the prayer for an interim order for release, following Arnab's assault and arrest by the Maharashtra police on Wednesday morning in a case that had been closed in 2019 and then 'reopened' by the police without taking the court's nod. Allowing the informant in the abetment to suicide case to be impleaded into the plea, Justice Shinde said that the bench will hear both the sides and pass an appropriate order on Thursday.
'A citizen has been illegally detained,' argues Arnab's lawyer
Advocate Abad Ponda, while arguing for Arnab Goswami had said, "A citizen has been illegally detained. Even a second's illegal detention cannot be countenanced by a constitutional court. I should be given an ad-interim order of release." He raised how the 'A Summary' report had been filed in the case and that the investigation by the police cannot now take place without altering the closure report.
Senior Advocate Harish Salve who also appeared for Arnab Goswami asked the bench to give permission to amend the petition and add the informant in the court itself, as the complainant's plea was also listed for Thursday. "Give us oral leave. The informant is here and may be heard now itself. Will file a formal amendment tomorrow," he said. The bench then gave permission to amend the petition to implead the informant in the petition.
On Wednesday, the Chief Judicial Magistrate of the Alibag court had observed that there was no connection in the chain of suicide in the case in which Arnab was arrested, which was earlier closed in 2019 and now reopened, and Arnab Goswami's role. Secondly, the judge noted that the case had been re-opened without the court's consent. The CJM also observed that there is no 'justifiable ground' for the police custody sought as he pronounced the judgment.
In another one page order, the CJM noted the harassment, the torture and the ill-treatment meted out to Arnab when he was in the police station. "He (Arnab) has a complaint of ill-treatment at the hands of police. I have physically verified the person of the accused. I found abrasion on the right hand of the accused. The previous bandage of his right-hand thumb is found to be pulled. COnsidering abovesaid abrasion marks it is important upon the Court to send him for medical examination to Civil Surgeon. Therefore, I pass the following order," the order states.
Shocking assault and arrest of Arnab Goswami
After a shocking assault on Wednesday morning, Republic Media Network's Editor-in-Chief Arnab Goswami was arrested by the police. Arnab was dragged out of his own home as nearly 40-50 police officers cordoned off his residence. Moreover, the cops also attacked his 20-year-old son and manhandled him as he tried to capture the brazen attack by the Mumbai Police on camera.
After the arrest, Maharashtra Police took him to Alibag Police Station and stated that he has been arrested under charges of abetment of suicide in the 2018 Anvay Naik case - which was closed in 2019 but has now been reopened. Apart from harassing Arnab at his own residence, the cops also blocked Republic Executive Editor Niranjan Narayanswamy and Senior Associate Editor Sanjay Pathak from entering Arnab's residence. When Niranjan said that it is his right to report, he was thrown out of the building and the Mumbai Police attempted to take away his phone.
Prior to being produced before the court, Arnab highlighted the injuries on his arms on camera as he stated that he was assaulted by 7 police officers. "I've shown it to the doctors. It was Pradeep Patil, Sachin Vaze and 7 other policemen. They surrounded me, held me by the scruff of my neck, pushed me," Arnab said just before entering the court.
Updated 18:07 IST, November 5th 2020