In a startling development, the Supreme Court granted interim bail to Republic TV editor Arnab Goswami. He was arrested in regard to the abetment case of 2018 involving the suicide of Anvay Naik and his mother because of the nonpayment of their dues.
A vacation bench comprising of Justices DY Chandrachund and Indira Banerjee passed their order through a virtual hearing after listening to the pleas of Goswami and telling the Maharashtra government to “ignore the taunts” that are often shared viciously by Goswami on his show.
Along with Goswami, the Maharashtra police had also arrested Nitish Sarda and Parveen Rajesh Singh on account of the same case. The top court has now ordered the bail of all three of them with a personal bond of Rs.50,000 per person.
SC’s stated that the court has the right to safeguard the citizen’s liberty as if not them, then who?
“The victim is entitled to recourse as in proper and fair probe,” the judges said,
With a direction to cooperate during the investigation and not meddle with the evidence, the top court stated that the release of them all should not be delayed any further than 2 days from today.
Goswami had challenged the Bombay High Court’s decision of November 9th to not grant bail to the editor and reopen the case of 2018. The HC had iterated that he could send his bail request to the lower court, which had a span of four days to pass an order in connection to it.
In today’s hearing, the top court let out harsh sentences for the Maharashtra government regarding the arrest of Goswami that happened on 4th November.
In the police records, the victim Anvay Naik had left a suicide note mentioning that he had designed the set of Republic TV and two companies belonging to the rest accused, yet did not receive the due payments for it, because of which he and his mother were committing suicide.
The 2018’s case was closed during that year itself after police said that there was “lack of evidence”. However, when Naik’s family requested, the case was reopened for probe, according to the Maharashtra police.
When the police and government of Maharashtra spoke about their duty to protect the victims, referring to Naiks, the Supreme Court argued as to whether not paying the payments could mean encouraging one to suicide. It gave an example and said, “If tomorrow, a person commits suicide in Maharashtra and blames the government, then will the Chief Minister be arrested?”
Terming the country as “extraordinarily resilient”, Justice Chandrachud said that the Maharashtra government should ignore the criticism thrown by Goswami and not watch the channel if they don’t like what he is speaking on it as apparently, one may “differ in ideology”.
“But the answer is simple. If you don’t like a channel then don’t watch it… if left to me, I do not watch the channel and you may differ in ideology, but if constitutional courts do not interfere today, we are traveling the path of destruction undeniably,” said the judge.
While speaking about the “protection of the liberty of citizens”, the court added, “If state governments target individuals, they must realise there is an apex court to protect liberty of citizens… We must send a message today to the high courts as well. Please exercise your jurisdiction to uphold personal liberty.”
The court also mentioned that the High Court cannot furnish bail orders when personal liberty is the issue. The case then gets transferred to the SC that is drowning in work already, they said.
During the hearing, Harish Salve, Goswami’s lawyer argued and asked if Goswami is a terrorist or a murder-accused due to which he isn’t being granted bail.
Social media users, on the hand, pointed out the lack of “protection of liberty” offered to Muslims in the country when they try to bring out their opinions in the public, referring to Umar Khalid and other Muslim activists.
