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News Desk: The Supreme Court on Wednesday ordered release of Republic TV’s editor-in-chief Arnab Goswami and other co-accused on interim bail on a bond of Rs 50,000 each.
Justice D Y Chandrachud said “SC is unhappy that HCs, which are constitutional courts, are not doing enough in matters where personal liberty is denied”
He added “If this court were not to interfere today, we are travelling on a path of destruction of personal liberty undeniably…Is this is what our state governments will do to those who have to be nailed…? Don’t watch the channel of you don’t like… Left to myself I will not watch… If state govt’s target individuals in this manner, let’s send out a message that SC is there”
Justice Chandrachud asked senior advocate Kapil Sibal, appearing for Maharashtra, if there was any active encouragement or instigation in the case to constitute an offence of abetment to suicide. “Otherwise look at the drastic consequences. We are dealing with personal liberty,” said Justice Chandrachud.
Appearing before the court for Goswami, advocate Harish Salve said “Allegation (against Goswami) is about withholding money which can be ascertained from documents. What’s the need for custodial interrogation? It’s just a smokescreen to teach the man a lesson”
He added “For abetment, there must be direct and indirect act of commission of offense. If a person commits suicide in Maharashtra & blames govt, will CM be arrested? Need to apply proximity test to prove abetment to suicide case”
He further added “Goswami was arrested on the basis of a three-year-old FIR and that too during the Diwali week and then he is transferred from Taloja Jail. There is not doubt about what they are trying to do. We’re past FIR stage. FIR was lodged in May 2018 & after this matter was probed. Power to re-investigation wrongly used”
