In a major relief to Republic TV's Editor in Chief, Arnab Goswami, the Supreme Court today granted him bail in a case where he is an accused under abetment to suicide of an interior designer, Anvay Naik, whom Goswami owed Rs 88 lakhs and due to financial stress Naik committed suicide. After a marathon hearing for the whole day, the court observed that the Bombay High Court was in error in rejecting his plea for his interim bail and ordered his release on submission of a personal bond of Rs 50,000.
A special bench comprising of Justice DY Chandrachud and Justice Indira Bannerjee were hearing a petition filed by Goswami challenging the HC order of denying him bail. The court is on Diwali vacation right now but assembled for hearing his plea.
Today Justice DY Chandrachud observed that if they don't intervene today irrespective of what is his ideology, they will travel the path of "destruction". He said that though the Bombay High Court has given an order of more than 50 pages, it has not dealt with the ingredients of the offence. He also expressed disappointment over how the HCs have been denying personal liberty and a message should be sent to them. "Please exercise your jurisdiction to uphold personal liberty," remarked Justice Chandrachud.
Making strong observations, Justice Chandrachud said that our democracy is resilient and governments must ignore all this, elections are not fought on this basis. Affirming that FIR deserves fair investigation, Justice Chandrachud said that a state can not target an individual like this. I don't even watch his channel, never turn it on, and anybody not liking it can turn it off, said Justice Chandrachud.
Also Read: Jailed TV anchor goes to Supreme Court over bail
He questioned the Maharashtra government if merely owing money to a person can lead to abetment to suicide and if assuming FIR as the gospel truth in denying bail is right. There has to be active incitement and encouragement and it will be a travesty of Justice if bail is denied during the pendency of FIR, added Justice Chandrachud.
Senior Advocate Harish Salve, appearing for Goswami contended before the court today that the FIR was lodged back in 2018, it had been investigated and closure report was filed now the order of re-investigation was being misused. Victim's family advocate told the court that they were unaware about the acceptance of the closure report. Seeking bail for Goswami, Salve argued that neither is he a terrorist nor has he murdered anyone that he should be denied bail.
Advocate Amit Desai, appearing for the state, argued that statements under 164 are taken, handwriting experts have come in, maybe he will come out clean. The bail hearing is scheduled for tomorrow and it is upon the bail judge to decide the matter based on the material available.
Goswami's counsel objected to a single more day of arrest and said that state's Home minister's order of reinvestigation is illegal. If tomorrow a person commits sucide and blames the government then will the CM be arrested, questioned Salve? Senior Advocate Mukul Rohtagi also pressed for staying the investigation and said that the minister's order is without jurisdiction.
Senior Adv Kapil Sibal representing the state said that the investigation is ongoing, remand is ordered and the court can not tell that read the FIR and see if offence is made out to grant bail. He suggested to wait for a day and then if Goswami doesn't get relief, he can approach SC.
After hearing the advocates for the whole day the court ordered Arnab Goswami's release.
