A two-justice division bench of the Bombay High Court has posted to 3pm on Friday the further hearing of a plea from journalist Arnab Goswami, a day after he was arrested in connection with an abetment to suicide case.
The bench of Justices S.S. Shinde and M.S. Karnik on Thursday heard the plea from Arnab Goswami, the editor in-chief of Republic TV, who challenged his arrest as being "illegal".
Interestingly, the High Court was also scheduled to hear a plea from Adnya Naik, the daughter of Anvay Naik, the interior designer whose suicide in 2018 led to the case. Adnya has sought re-investigation of the 'A summary' of the FIR filed in her father's suicide case. An 'A summary' is filed in an FIR if the police find no evidence to take a case to trial. The case over the suicide of Anvay Naik was closed in 2018, but later reopened in May this year.
Arnab Goswami was represented by Abad Ponda and Harish Salve. Ponda was quoted by Live Law as saying, “the commencement of new investigation after re-opening the case is contrary to well-settled principles of criminal law”. Ponda alleged, “Without any judicial order, the police suo moto intervened in the matter”.
Ponda was quoted by Live Law as saying, "without altering the closure report, and without an order to further investigate, the police cannot resurrect a dead case". Ponda declared Arnab had been “illegally detained”.
Referring to the issue of the 'A summary', Ponda was quoted by Live Law as saying, “The 'A summary' is like a nail in the coffin, which has to be removed through appropriate order. Police re-opening investigation shows scant respect for the magistrate.” Ponda also objected to the Naik family seeking further investigation in the High Court and argued they must go to the magistrate.
Ponda added that the bail application he filed for Arnab in the Alibaug magistrate court had been withdrawn. Ponda stated, “Without judicial order, further investigation could not be done. So arrest is illegal.”
Ponda sought interim bail in the case for Arnab, but Justice Shinde noted the bench would not pass interim orders without hearing the respondents (state government).
Justice Shinde was quoted by Live Law as saying, "We will have to issue notice to the state, to the complainant and we will hear the case on some other date after vacations".
Salve was quoted by Live Law as saying, "This is an issue of liberty of a citizen. He is a journalist. Will heavens fall if he is given interim release? I don't understand, with due respect."
The High Court allowed Arnab's legal team to modify their petition to implead the informant (Akshata Naik, the wife of Anvay) and posted the matter for further hearing on Friday. Justice Shinde said the bench would hear both Arnab's side and Adnya Naik's petition on Friday and pass an order.
Background
Arnab Goswami was arrested on Wednesday from his residence at Lower Parel in Mumbai for allegedly abetting the suicide of interior designer Anvay Naik in 2018. Arnab was taken to the Alibaug police station in neighbouring Raigad district.
He was later produced before a magistrate's court in Alibaug, which remanded him in judicial custody till November 18. Arnab Goswami is currently kept at a local school, which has been designated as a COVID-19 centre for the Alibaug prison.
The arrest of Arnab Goswami had triggered howls of protest, including notably from BJP leaders who described it as being "similar to the Emergency".
(With PTI inputs)
