Arnab through his Counsel has said in his appeal that the political system is angry with him. Earlier the political parties have filed FIRs against him and questioned the magistrate order in violation of division bench of High Court. In his appeal, he stated that “State says it’s just another case but this is just a Hogwash”, read out Advocate Harish Salve.
While representing Arnab Goswami, Advocate Harish Salve submitted that “…..Then I was not afraid of Police but now I am afraid of Police”.
After a Magistrate has accepted an ‘A’ summary report (closure report), the executive has order a re-investigation which is a dangerous precedent. Truth has a nasty habit of sneaking out. As Home Minister Anil Deshmukh has ordered the police to reinvestigate the matter, which is per se illegal. And Thus, Closure report was filed but the same has not cleared whether report has been accepted or not, says Salve to the Apex Court.
Section 164 CrPC was invoked on basis of Closure report and Arnab Goswami was arrested with 20-30 armed cops on November 4. Hearing the case, the Magistrate has clearly said that no connection of the accused was found with crime.
Advocate Harish Salve has questioned the consequences of the case,
1. Can a Constitutional Court not look into this since Section 439 CrPC remedy is there when we know they will first seek police custody and then go for bail?
2. Secondly, for abetment, there are judgments after judgments which show that mensrea (intention) is the most important aspect on part of the accused. Where is mensrea (intention) in this case?
3. For abetment, there must be direct and indirect act of the commission of the offence. If tomorrow, a person commits suicide in Maharashtra and blames Government, then will the Chief minister be arrested?
In his arguments, he said that proximity test should apply to prove a case under Section 306 for abetment to suicide. And there should be clear mens rea for abetment where there is no existence of personal relationship between an accused and a victim.
In this case, the allegations of malafide is creep in. Bombay High Court has made a gross mistake where High Court said quashing proceedings need to be heard or is yet to set aside the A Summary report, says Salve while questioning the apex court “Is Goswami a terrorist, is there a murder charge on him ? Why can’t he be give bail?”
Hearing the contentions made by the Counsels of both the parties and seeing the rights protected on both sides, Justice Chandrachud has remarked that “this Court cannot go into ‘A’ Summary report now. If we say something, case before High Court will be over. Let them look into it. What we are seeing is that can bail be granted or not.”
Advocate Kanpi Sibal has appeared on behalf of the Maharashtra Government. And has submitted his averments stating that the case is extraordinary and it’s not done so unless the man involved here is extraordinary.
He further said that granting a bail on FIR report is a principle followed in all High Courts which is a dangerous precedent. And has shown a difference between A Summary and a Closure report.
“Under Section 32 of the Evidence Act, what had been filed is not a Closure Report but an A Summary report. If there is no closure report then a power to probe remains with the police,”Said Sibal.
Upon hearing since morning 10.30 AM to 4.15 AM, the bench has observed the Habeas Corpus Petition and submissions made by the counsels of the parties involved.
Concluding the consequences, the Apex Court has passed an Order by granting bail to ArnabGoswami. The bench has observed that “Bombay High Court was incorrect in rejecting the application for grant of Interim Bail”
Moreover, the Bench of Justice Chandrachud has also allowed an interim bail for co-accused Neetish Sarda and Firoze Mohammed Sheikh involved in this case.
Further, the court said that “the accused should execute a personal bond of Rs. 50,000/- for release on interim bail. And has directed Raigad Police Commissioner to ensure that the order should follow immediately.”
And the Order also stated “…..Appellants are directed to cooperate in the investigation and shall not make any attempt to interfere with the ongoing investigation or with the witnesses……the concerned jail authorities and the superintendent of Police of Raigad are directed to ensure that this order is complied with forthwith”
The Court further said that detailed judgement recording the reasons for the order will be released later.
