MUMBAI: Arnab Goswami, editor-in-chief of Republic TV, had to spend his fourth night behind bars with the Bombay high court granting him no urgent relief on Saturday. The HC bench of Justices SS Shinde and MS Karnik, after a day-long special hearing via videoconferencing, reserved his plea for interim bail for final orders. The HC order will be pronounced at 3 pm on November 9, Monday.
The bench in an interim order said pending judgment, Goswami could invoke Section 439 of the Criminal Procedure Code and apply for bail before sessions court. If he does file for such bail, the sessions court can decide it expeditiously, no later than “four days,” after hearing all parties, the HC directed. All parties would include the state, police and wife of interior designer Anvay Naik whose 2018 suicide Goswami and two others are accused of abetting and have been arrested for.
A magistrate in Alibaug on Wednesday remanded Goswami and two others arrested, Neetish Sarda and Feroze Shaikh, in judicial custody for 14 days.
The HC said pendency would also not preclude Sarda to file for bail before trial court. Sarda’s counsel Vijay Aggarwal said HC had wide powers to undo injustice and said the 26-yearold was willing to pay back Rs 55 lakh to Naik if let out on bail.
Goswami sought release on interim bail. He had invoked HC’s plenary powers to do justice when fundamental rights are flouted. His counsels Harish Salve and Aabad Ponda said his right to life and free speech as a journalist were violated by “an illegal arrest” and authorities acting with “malice.” Salve, citing an SC judgment, said right to liberty is “non-negotiable.”
On Saturday, Amit Desai, senior counsel, and public prosecutor Deepak Thakre for the state government opposed Goswami’s plea Desai said the “question of arrest cannot be dealt with at this stage. He is in judicial custody under a lawful order passed by a magistrate.” Desai said, “Malice in fact is not pleaded in his interim application.”
Goswami’s habeas corpus and quashing petition seeking a stay on probe as well as the challenge to closure of the abetment case by Naik’s daughter Adnya will next be heard on December 10 before HC. Replies are to be filed in four weeks, the HC said.
Desai cited apex court judgments to submit that “HC cannot intervene under its extraordinary powers under Article 226 (plenary power to do justice for violation of fundamental rights) and give a go-by to procedures and provisions of criminal law which allow for a remedy to file for bail before the trial court.” The HC cannot change the hierarchy under CrPC, he said, and added if HC grants interim bail, it would “open floodgates to an already overburdened court.” The HC observed it would not want to “undermine the authority of the sessions court which is empowered to hear regular bail plea.”
Desai said, “Probe is on as state felt the need for further probe,” adding, “Power of State to direct investigation is distinct from power of court.”
Desai stressed an ‘A’ summary case closure has to be treated differently. He pointed out there is challenge to the fact that it was categorized an ‘A’ summary, which only means investigation is incomplete or inconclusive and hence the argument of Goswami’s counsels that there is a need for a “court nod for further probe is wrong”.
Senior counsel Shirish Gupte for Adnya said, “Matter was high-handedly handled by police earlier.” It is a “serious case,” and to release him now “would be injustice to victims.” Salve said irrespective of the right of an accused to seek bail in trial court, HC is empowered to direct interim release too.