A fresh application in the High Court of Bombay seeking an order to restrain the Chief Judicial Magistrate (CJM) at Raigad-Alibaug from taking cognizance in the charge sheet filed by the Raigad Police yesterday in Anvay Naik suicide case is filed by Republic TV Editor-in-Chief Arnab Goswami.
The application said that all the further proceedings including investigation in relation to the charge-sheet filed against him be stayed till the final hearing and disposal of writ petition.
There is a fresh cause of action owing to the events given the “continued political witch-hunt” by the Maharashtra State machinery & the “wrongful & illegal filing of the charge-sheet at the instance of the Home Minister” while the matter was listed to be heard, the application further said.
Arnab Goswami said, in the interim application filed via his legal counsel, “the charge-sheet came to be filed deliberately despite the said IA pending circulation & hearing.”
On Dec 4, 2020, at 11:18 am, the said interim application in good faith was served upon the Respondent No 1.
The interim application said, shockingly, despite these applications being filed & served the Respondent No 2 filed a charge-sheet in the case. The state after being served a copy of the said IA & being fully aware of the pendency of the matter, & further knowing that this Hon’ble Court was to decide a date on the matter, mischievously & maliciously filed a charge-sheet disregarding the due process of law. This exposes the deep-rooted malafide intent with which the respondents are functioning.”
The Apex Court had said that “a prima facie evaluation of the FIR does not establish the ingredients of the offence of abetment of suicide under Section 306 of the Indian Penal Code”.
Seven days after the declaration of the Home Minister of Maharashtra that a “strong charge-sheet” will be filed, the police “followed the politically dictated script”, alleged interim application.
It claimed that “the direction of the investigation, the nature of accusations & the filing of a charge-sheet are a result of political instruction & not a fair & impartial investigation as is mandated by the rule of law.”