[Breaking] No Interim Relief For Arnab Goswami Today, Bombay High Court Will Continue Hearing Tomorrow

The Bombay High Court has deferred hearing of the habeas corpus petition filed by Republic TV Chief Arnab Goswami against his arrest and remand in the 2018 abetment to suicide case. A Division Bench comprising of Justices SS Shinde and MS Karnik heard the Petitioner today and citing paucity of time, stated that it will continue hearing tomorrow at 12 PM. The Bench said it will hear the State Government and the Complainant, Adnya Naik, tomorrow. Goswami was arrested by Raigad police from his Mumbai residence on November 4 morning following which the CJM of Alibag remanded him to 14-day judicial custody till November 18. Whereas the said order has been challenged by the Raigad police before a Sessions Court, Goswami had moved a plea for habeas corpus, alleging that his arrest was illegal. The habeas corpus plea was first heard by the High Court yesterday where Goswami's counsel, Senior Advocate Abad Ponda had argued that the arrest was illegal inasmuch as the police does not have the power to suo moto re-open the case without getting a judicial order, after the Magistrate passed a closure order in the case in 2019 based on the report submitted by police then. However, the High Court had denied interim relief stating that it would pass orders after hearing the State and the complainant Adnya Naik. Bombay High Court Refuses Interim Relief In Arnab Goswami's Habeas Corpus Petition, Will Consider Tomorrow During the course of hearing today, Senior Advocate Harish Salve, also representing Goswami, referred to the remand order passed by CJM Alibag, which he submitted, "makes important points about the illegality of arrest and the lack of merits in the allegations against Arnab Goswami". He pointed out that the CJM had stated in his order that "it seems that the arrest of the accused (Arnab Goswami) is illegal." He argued that a mere challenge to the said order does not matter as the CJM had passed the order after seeing the records and the case diary. There must be direct act which led the deceased to commit suicide On merits, Salve argued that there was no personal relationship between Goswami and the deceased and they were merely involved in a commercial transaction. "You have commercial disputes with different people for over two years. You don't file a suit. You have creditors beating at your door. You kill yourself. There cannot be FIR for abetment to suicide for this. The conduct for abetment to suicide must be direct and proximate… The Magistrate had rightly accepted the closure report of the police in 2019," he argued. Reliance was placed on the Supreme Court's judgment in M Arjunan v. State, where it was held that mere use of abusive words for not paying back money borrowed will not amount to abetment to suicide under Section 306 IPC. "The intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary for abetment to suicide offence," he submitted. Salve also referred to Gurucharan Singh v. State of Punjab, where the Supreme Court had categorically held that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. "Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable," Salve quoted from the judgment. State acting out of malice Salve also argued against the remarks made by Maharashtra Home Minister Anil Deshmukh in the Assembly discussions about the journalism of Goswami, where he claimed that the suicide of Anvay Naik was due to the non-payment of dues by Goswami. "The Home Minister said that necessary orders will be issued to the Police…Is the Minister above the judiciary to decide?," Salve remarked. He contended that the State is acting out of malice and there is a clear pattern depicting the same. He submitted, "HC has protected him (Goswami) from arrest in two FIRs. The TRP case came after that… Today C S Vaidyanathan (Hansa) told the Court that they are being asked by Mumbai Police to frame Republic TV and Arnab Goswami." Delete We only filed a complaint to unearth the TRP scam. It was not against any particular channel. Now I am being forced to appear and give statements against Republic : Vaidyanathan for Hansa.#ArnabGoswami— Live Law (@LiveLawIndia) November 6, 2020 Notably, the Supreme Court today issued contempt notice to Maharashtra Assembly Speaker for notice against Goswami and intimidating him for approaching the Court against the same. "The Home Minister Anil Deshmukh had alleged in Assembly that Arnab Goswami was responsible for the suicide. This is where the entire case starts. He was also issued a privilege notice. The Supreme Court today issued contempt notice ...

[Breaking] No Interim Relief For Arnab Goswami Today, Bombay High Court Will Continue Hearing Tomorrow

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