Thread by @LiveLawIndia, [LIVE UPDATES]ARNAB GOSWAMI'S CASE :Bombay High Court to hear @ 3 pm [...]

[LIVE UPDATES]ARNAB GOSWAMI'S CASE :

Bombay High Court to hear @ 3 pm the habeas corpus petition filed by #ArnabGoswami against his arrest in the 2018 abetment to suicide case.

The bench to consider his prayer for interim release today.

Follow thread for live updates.

Yesterday a division bench of Justices S S Shinde and M S Karnik had refused to grant interim relief observing that the bench needed to hear the State and the complainant Adnya Naik.

#ArnabGoswami #RepublicTV #BombayHighCourt

To read about the proceedings in yesterday's hearing, the following link can be accessed.

(Report of Nov 5) Bombay High Court Refuses Interim Relief In Arnab Goswami's Habeas Corpus Petition, Will Consider Tomorrow https://www.livelaw.in/top-stories/breaking-bombay-high-court-refuses-interim-relief-in-arnab-goswamis-habeas-corpus-petition-will-consider-tomorrow-165515

[Breaking] Bombay High Court Refuses Interim Relief In Arnab Goswami's Habeas Corpus Petition, Will...

Bombay High Court has refused to grant interim relief in the the habeas petition filed by Republi

https://www.livelaw.in/top-stories/breaking-bombay-high-court-refuses-interim-relief-in-arnab-goswamis-habeas-corpus-petition-will-consider-tomorrow-165515

Goswami was arrested by Raigad police from his Mumbai residence on November 4 morning following which the CJM of Alibag remanded him to 14-day judicial custody till November 18.

#ArnabGoswami

The prime argument raised in the HC petition is that the police has no power to suo moto re-open the case without getting a judicial order after the Magistrate passed a closure order in the case in 2019 based on the report submitted by police then.
#ArnabGoswami

The bench of Justices S S Shinde and M S Karnik has assembled to hear the petition filed by #ArnabGoswami

Senior Advocate Devadatt Kamat
@Devadattkamat says that he is appearing for Mumbai Police Commissioner. Kamat says that Parambhir Singh has been added in personal capacity and that should not be allowed.

#ArnabGoswami

Salve objects to Kamat's submissions.
"I am the petitioner. Before petitioner opens argumetns, how can you jump in?", Salve asks.

"I took the permission of the court Mr. Salve. You may not interrupt", Kamat submits.

"I will interrupt", Salve.

#ArnabGoswami

Kamat : I am Mumbai Police Commissioner. The entire case is against Raigad Police. I have to be deleted as respondent.

Salve : I will not delete you. I have made allegations against you.
#ArnabGoswami

One lawyer requests the bench that the case filed by Hansa Research agaisnt TRP scam FIR may be taken up first.

Salve says he has no objection against that.

The bench agrees to hear Hansa petition first.

#ArnabGoswami

Senior Advocate C S Vaidyanathan appearing in the Hansa petition.

He says that Hansa officers are being summoned by the @MumbaiPolice and that they are forced to give some statement against @republic

We only filed a complaint to unearth the TRP scam. It was not against any particular channel. Now I am being forced to appear and give statements against Republic : Vaidyanathan for Hansa.

#ArnabGoswami

Vaidyanathan(for Hansa) : I am seeking independent investigation by CBI or any other agency. I cannot be compelled to implicate anyone. If they want any documents let them issue summons under Sec 91 CrPC.

#TRPScam
#ArnabGoswami

The bench asks the State to take instructions on Hansa petitions. Meanwhile, the bench will hear the habeas petition of #ArnabGoswami
#BombayHighCourt

Salve says that Abad Ponda will make submissions now as he is more familiar with the branch of law and was also present in the remand proceedings.

#ArnabGoswami

Ponda refers to the remand order passed by the CJM Alibag.

The story about the remand order may be read here :

"Direct Link Between Death Of Victims & Accused Seems Not Established, Arrest Prima Facie Unjustified", CJM In Arnab Goswami's Remand Order https://www.livelaw.in/news-updates/direct-link-between-death-of-victims-and-the-accused-not-established-arrest-seems-unjustified-cjm-165526

"Direct Link Between Death Of Victims & Accused Seems Not Established, Arrest Prima Facie Unjusti...

The Chief Judicial Magistrate at Alibag, Raigad observed yesterday that the arrest of Republic TV

https://www.livelaw.in/news-updates/direct-link-between-death-of-victims-and-the-accused-not-established-arrest-seems-unjustified-cjm-165526

Salve : Remand order makes important points about the illegality of arrest and the lack of merits in the allegations against #ArnabGoswami

Salve tells the bench that the Supreme Court has issued contempt notice to Maharashtra Assembly Speaker for the notice against #ArnabGoswami
#BombayHighCourt

Salve says that Ponda's junior will read to the Court the relevant portions of the order passed by the CJM in Marathi.

#ArnabGoswami
#BombayHighCourt

Justice Shinde : Has the order been challenged?

Ponda : Yes, they have filed a revision.

#ArnabGoswami
#BombayHighCourt

Justice Shinde : If the order is under challenge, and we make comments...

Salve : I am saying lordships can take the order into prima facie account. There is no impediment for that.

#ArnabGoswami
#BombayHighCourt

Justice Shinde : We are not saying there are impediments. We are saying that the order is under challenge and we do not know what will happen in the revision.

Salve : My client is in jail.

#ArnabGoswami
#BombayHighCourt

The bench allows the reading of the order.

Ponda's junior now reads out the portions from the CJM's order authored in Marathi.

#ArnabGoswami
#BombayHighCourt

Salve : I wanted to show the order for some reasons. The CJM notes that no permission has been taken for reopening the case.

#ArnabGoswami
#BombayHighCourt

Salve : The Home Minister Anil Deshmukh @AnilDeshmukhNCP had alleged in Assembly that #ArnabGoswami was responsible for the suicide. This is where the entire case starts. He was also issued a privilege notice. The SC today issued contempt notice to Assembly Secretary for letter.

Salve : The police was trying to secure a police remand which was refused by the Chief Judicial Magistrate.

#ArnabGoswami
#BombayHighCourt

Salve : CJM has stated in the order "it seems that the arrest of the accused(Arnab Goswami) is illegal".

#ArnabGoswami
#BombayHighCourt

Salve : It does not matter if the order is under challenge or not. The CJM passed the order after seeing the records and case diary.

#ArnabGoswami
#BombayHighCourt

Ponda's junior now reading to the court the relevant portions of the CJM's order.
#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve now refers to the Assembly discussions about the journalism of #ArnabGoswami. In these discussions, the members are angry at Goswami.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : The members alleged that Goswami used defamatory language against Chief Minister @OfficeofUT and other politicians, called them in single salutations etc.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : There was reference to the suicide Anvay Naik during the Assembly discussions.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : The Home Minister @AnilDeshmukhNCP said in assembly that the suicide of Anvay Naik was due to the non-payment of dues by #ArnabGoswami

Is the Minister above the judiciary to decide? Salve asks.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : The Home Minister said that necessary "orders will be issued to the Police". Please mark the words.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : One thing is now clear. The CJM has found that the enquiry commenced without Section 173(8) order. This is corroborated by the statement of Home Minister, which was made in a debate against Goswami for his comments against CM.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : There is no doubt that this State is acting out of malice in fact.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve refers to the earlier FIRs registered against #ArnabGoswami. There is a patter, he says.

HC has protected him from arrest in two FIRs. The TRP case came after that.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : Today C S Vaidyanathan(Hansa) told the Court that they are being asked by Mumbai Police @MumbaiPolice to frame @republic and #ArnabGoswami

#BombayHighCourt #RepublicTV

Salve : Sanjay Raut @rautsanjay61 said that if somebody is named in a suicide note, he should be put in jail. I won't blame Raut for not knowing the law. I will show to the Court some judgments.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : Nobody has suggested that there was any personal relationship between the accused and the deceased. It was a commercial transaction.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : The conduct for abetment to suicide must be "direct and proximate".
#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : As per FIR, there is one accused who owed Naik more than Rs 4 crores. #ArnabGoswami is alleged to be owing about Rs 88 lakhs.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Correction : 83 lakhs in place of 88 lakhs.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : No person even superficially familiar with law -(Sanjay) Raut @rautsanjay61 is another matter- would hold these accused prima facie liable for abetment to suicide.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : The Magistrate had rightly accepted the closure report of the police in 2019.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve : You have commercial disputes with different people for over two years. You don't file a suit. You have creditors beating at your door. You kill yourself. There cannot be FIR for abetment to suicide for this.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve referring to the Supreme Court judgment in 'M Arjunan v State' which held mere use of abusive words for not paying back money borrowed will not amount to abetment to suicide under Section 306 IPC.

https://indiankanoon.org/doc/65076410/

#ArnabGoswami
#BombayHighCourt #RepublicTV

The intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary for abetment to suicide offence, Salve submits referring to M Arjunan decision.

#ArnabGoswami
#BombayHighCourt #RepublicTV

Salve now refers to the recent SC judgment in 'Gurucharan Singh v State of Punjab'(report given in the link).

#ArnabGoswami
#BombayHighCourt #RepublicTV https://www.livelaw.in/top-stories/sc-acquits-husband-accused-of-driving-wife-to-suicide-163854

Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And...

Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SC Acquits Husband Accused Of Driving Wife To Suicide [Read Judgment]

https://www.livelaw.in/top-stories/sc-acquits-husband-accused-of-driving-wife-to-suicide-163854

"Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained"- Salve quotes from the above judgment.

#ArnabGoswami
#BombayHighCourt #RepublicTV

"It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide" - Salve quotes from the above judgment.

#ArnabGoswami

"Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable" - Salve quotes .

Salve - Please mark the words "proximate to the time of occurrence".

#ArnabGoswami #RepublicTV
#BombayHC

Salve : I can cite a half a dozen more cases. But I think I have made the point clear.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : What are the admitted facts?For two years there was money problem. Somebody owed 4 crores. Somebody owed 83 lakhs.
#ArnabGoswami #RepublicTV
#BombayHC

Salve : The Magistrate rightly asked why the mother committed suicide.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : Under these circumstances, there is no need to keep him in custody.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : I have also filed a bail application under Section 439.

Justice Shinde : As per our allocation of work, bail is not for us to decide.

Salve : I am saying the Court has the power.

#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde : The Chief Justice is the master of the roster. There are rules of allocation of business.

Salve : I am saying something else. I am saying the "Court" has the power. Even under 226, the Court can grant bail.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : In that writ, I have applied for release. Your lordships have power to grant release in a case like this. Under Article 226 read with Section 439 your lordships have power.

#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde asks Ponda : Has the order of the CJM been challenged?

Ponda : They have filed revision against denial of police custody. The factual conclusions remain.

Complainants lawyer : The entire order is under challenge.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : I accept the entire order is under challenge. So What? It does not affect this Court's power.
#ArnabGoswami #RepublicTV
#BombayHC

Salve : What is the harm if this gentelman is released on bail?

#ArnabGoswami #RepublicTV
#BombayHC

Salve : What is going to happen between now and after Diwali?

#ArnabGoswami #RepublicTV
#BombayHC

Salve : The problem cannot be that he will go back to the TV channel and scream and will make allegations against Parambhir Singh. He will certainly. But that it is no ground to keep him in custody.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : There is a prima facie finding of the Magistrate before you that the arrest is illegal. The root is tainted with illegality. This should weigh with your lordships. The whole thing is mala fide.

#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde says there is a decision by Justice Khanwilkar(when he was in Bombay HC) that habeas will not lie against remand order.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : Habeas may not lie technically. But we have challenged the entire FIR and the arrest.
#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde asks Ponda if bail was applied before CJM.

Ponda says the bail application was withdrawn as the CJM did not give any specific date and posted it after "reasonable time".
#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde : Under ordinary course, the petitioner should have approached which court?

Ponda : Ordinarily, the Magistrate.
#ArnabGoswami #RepublicTV
#BombayHC

Ponda : If we are challenging the very basis, seeking quashing the FIR, this court needs to be approached.

#ArnabGoswami #RepublicTV
#BombayHC

Ponda cites the 2014 SC judgment in Sandeep Kumar Bafna which held that a person can directly surrender before HC to apply for bail.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : Whatever little of criminal law I know, I learnt from Mr.Ponda and Mr. Desai. So when they speak, I take a back seat.

#ArnabGoswami #RepublicTV
#BombayHC

Salve was referring to Senior Advocates Abad Ponda and Amit Desai in the above comment.

#ArnabGoswami #RepublicTV
#BombayHC

Ponda refers to the SC judgment in 'Kartar Singh' case to say that the High Court has the power to directly consider bail.
#ArnabGoswami #RepublicTV
#BombayHC

Ponda says that in 'Kartar Singh' case, the SC held that the High Court can grant bail even under Article 226 in exceptional circumstances.

#ArnabGoswami #RepublicTV
#BombayHC

Ponda now refers to the SC decision in 'Asian Resurfacing' which observed that High Court has power under Article 226 to consider bail. (Judgment in the link)
#ArnabGoswami #RepublicTV
#BombayHC https://www.livelaw.in/breaking-stay-civil-criminal-proceedings-not-granted-beyond-six-months-extension-speaking-order-sc-read-judgment/

Breaking: Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension...

Breaking: Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order: SC [Read Judgment]

https://www.livelaw.in/breaking-stay-civil-criminal-proceedings-not-granted-beyond-six-months-extension-speaking-order-sc-read-judgment/

Ponda refers to 'Asian Resurfacing' decision again to say that HC has power to stay the investigation if it is mala fide, illegal and causing prejudice to the liberties of an individual.

#ArnabGoswami #RepublicTV
#BombayHC

The power to grant stay is unquestionable in a deserving case - Ponda says referring to "Asian Resurfacing" decision.
#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde : What we propose to do is we will continue tomorrow. Today it is not possible to hear the other side.

#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde : Tomorrow there is no other business. We will start at 11 AM.
#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde : Anybody has any difficulty tomorrow. Today, practically it is not possible. We have to hear other side. We have to hear Mr. Vaidyanathan also.

#ArnabGoswami #RepublicTV
#BombayHC

Salve : I have one request. If your lordships start at 12, there will be enough time. Because for me, it is 5 and a half hours difference (laughs).

Justice Shinde : No problem. 12, then.

#ArnabGoswami #RepublicTV
#BombayHC

Bench states in the order :

"There is a consensus among all the parties for hearing the matter tomorrow at 12 noon".

#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde : We assure. We will hear all parties. We won't do anything without hearing everyone.

#ArnabGoswami #RepublicTV
#BombayHC

Justice Shinde suggests Ponda to move the bail application on administrative side for the CJ to allot it to the division bench.
#ArnabGoswami #RepublicTV
#BombayHC

Bombay HC division bench to hold a special sitting on Saturday(tomorrow) at 12 PM to hear the State and the complainant on the prayer for interim release of #ArnabGoswami

#BombayHighCourt

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