[Arnab Goswami's Plea Against His Arrest In 2018 Abetment To Suicide Case] Live Updates From Bombay High Court

Justice Shinde says there is a decision by Justice Khanwilkar(when he was in Bombay HC) that habeas will not lie against remand order.

Salve : There is a prima facie finding of the Magistrate before you that the arrest is illegal. The root is tainted with illegality. This should weigh with your lordships. The whole thing is mala fide.

Salve : The problem cannot be that he will go back to the TV channel and scream and will make allegations against Parambhir Singh. He will certainly. But that it is no ground to keep him in custody.

Salve : What is going to happen between now and after Diwali? 

Salve : What is the harm if this gentelman is released on bail?

Salve : I accept the entire order is under challenge. So What? It does not affect this Court's power.

Justice Shinde asks Ponda : Has the order of the CJM been challenged?

Ponda : They have filed revision against denial of police custody. The factual conclusions remain.

Complainants lawyer : The entire order is under challenge.

Salve : In that writ, I have applied for release. Your lordships have power to grant release in a case like this. Under Article 226 read with Section 439 your lordships have power.

Justice Shinde : The Chief Justice is the master of the roster. There are rules of allocation of business.

Salve : I am saying something else. I am saying the "Court" has the power. Even under 226, the Court can grant bail.

Salve : I have also filed a bail application under Section 439.

Justice Shinde : As per our allocation of work, bail is not for us to decide.

Salve : I am saying the Court has the power.