New Delhi: The Supreme Court ruled today that the Bombay High Court had failed to take prima facie view of the FIR registered against Republic TV Editor in Chief, Arnab Goswami, the nature of accusation and level of charges and erred in not granting bail to him. It ordered that interim bail granted to him and others shall continue till 4 weeks after the Bombay HC decides on their pleas on quashing of FIRs so that they can approach SC on rejection.
"Doors of this court cannot be shut for those who prima facie show instrumentalities of the state have been misused. Deprivation of liberty even for a single day is much," observes the top court.
The bench led by Justice DY Chandrachud which had granted interim bail to Goswami in a case accusing him of abetment to suicide pronounced a detailed judgement on its order with reasons.
It observed today that the alleged non-payment of money owed by Goswami to the interior designer does not establish prima facie a charge of abetment against the journalist and the Bombay HC abdicated its duty in protecting his liberty. It said that Goswami had complained of being targeted by the Maharashtra government.
Justice Chandrachud while dictating the order observed that the case is about liberty of a citizen and the appellant does not pose any flight risk or there is no risk of hampering the evidence. Adding on further he said that the court must protect liberty which runs through the fabric of the constitution and misuse of criminal law is something which the High Court should be alive to. Bombay HC failed to exercise its role in refusing interim bail, observed the court.
"Bail is rule, jail is exception," Court quoted Justice Krishna Iyer in its order.
"The remedy of bail is a solemn expression of humaneness of our criminal justice system. This case is for countless other cases where such voices should not go unheard. Data of NJDJ shows information which can be utilised in matters concerning personal liberty," observed the court.
Arnab Goswami was booked by the Maharashtra police in a case where an interior designer had committed suicide allegedly due to financial stress and non-payment of money by Goswami. On getting on relief from the Bombay High Court, Goswami had knocked on the doors of the apex court which had a special hearing amid its Diwali vacation and granted him interim bail.
Read: Cop 'assault': Arnab's pre-arrest bail plea adjourned to Nov 23
