Refusing interim relief, Bombay High Court tells TV anchor Arnab Goswami to approach sessions court as per due process of law
Arnab Goswami after his arrest on Wednesday. File pic
The Bombay High Court on Monday rejected TV news anchor Arnab Goswami's habeas corpus plea seeking interim relief in the abetment to suicide case, and observed that the victim's rights are as important as that of the accused. The HC has asked Goswami to approach the Alibaug sessions court for regular bail, which it said should be decided within four days.
ADVERTISEMENT
The Republic TV Editor-in-Chief has approached the sessions court via his lawyers. Goswami has been arrested in connection with the suicide of interior designer Anvay Naik, 53, and his mother Kumud Naik in 2018, and is currently lodged at Taloja Central Jail.
The court also observed that the reopening of the case by the Crime Branch of Raigad police cannot be termed illegal. The Alibaug chief judicial magistrate (CJM) had, in its order rejecting the remand of Goswami, said the arrest of the journalist and other accused prima facie appears illegal as approval was not taken from the court before reopening the case.
Due process followed
"We find that before carrying out the said investigation, the magistrate was intimated about the further investigation. Thereafter, even the statements were recorded under Section 164 of the CrPC after obtaining permission from CJM. In our opinion, the further investigation cannot be termed as illegal," the court order stated.
The HC also referred to the case of State of Andhra Pradesh vs A S Peter (supra) and said that in the context of Section 173 of CrPC, the law does not mandate taking prior permission of the magistrate for further probe. "A distinction also exists between further investigation and reinvestigation. It is observed that whereas reinvestigation without prior permission is necessarily forbidden, further investigation is not."
Family not given chance
The Bombay HC also noted that the victim's family was not given an opportunity to file a protest petition after police filed the closure report in the form of A summary. "The fact that the magistrate did not give notice and opportunity to the first informant to file a protest petition before accepting the [closure] report, goes to the root of the matter. Therefore, the continuous persuasion of the state government by the informant for redressal of her grievance since her two family members had died by suicide, and in the aforesaid background, the concerned investigating officer, after intimating the magistrate, commences the further investigation, cannot be said to be irregular or illegal by any stretch of imagination. The victim's rights are as important as that of the accused."
Police take Arnab Goswami to Alibaug court after arresting him on November 4. PIC/ATUL KAMBLE
"We cannot accept the contention of the petitioner [Arnab Goswami] that there cannot be further investigation when the order passed by the Magistrate, accepting the s'A' summary, was without notice and opportunity to the informant for filing the protest petition," the HC order stated.
The court added, "It is relevant to mention that the informant has also filed a petition making serious allegations against the then investigating officer... who filed 'A' summary before the jurisdictional magistrate without informing and giving notice to the informant."
'Suspend former IO'
The former investigating officer in the case, Suresh Varade, is currently posted as the senior inspector at Virar police station.
Inspector General, Konkan, Sanjay Mohite, who has ordered departmental inquiry against Varade after finding loopholes in his investigation into the suicide case, has written to Mira Bhayandar Commissioner Sadanand Date to suspend him till the enquiry is on. However, Date has not made a decision yet.
Cops get interrogation nod
Meanwhile, the CJM court, which had initially rejected the remand application, has allowed the Raigad police's Crime Branch to interrogate Goswami inside the prison for three hours every day.
The Alibaug sessions court on Monday heard the revision plea filed by Alibaug police, challenging the CJM court's rejection to remand application, and adjourned the matter for further hearing on Tuesday.
Keep scrolling to read more news
Catch up on all the latest Mumbai news, crime news, current affairs, and a complete guide from food to things to do and events across Mumbai. Also download the new mid-day Android and iOS apps to get latest updates.
Mid-Day is now on Telegram. Click here to join our channel (@middayinfomedialtd) and stay updated with the latest news
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
