A Supreme Court Bench headed by Justice DY Chandrachud to hear TODAY @republic TV Chief #ArnabGoswai 's Plea Against #BombayHighCourt Order Rejecting his plea for Interim Bail

A division bench of Justices D Y Chandrachud & Indira Banerjee will hear at 10.30 AM the petitions filed by #ArnabGoswami & co-accused Neetish Sarda & Parveen Rajesh Singh against the Bombay High Court's denial of interim bail.

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#RepublicTV

In a related development, the Alibag Sessions Court is scheduled to pronounce orders tomorrow on the revision petition filed by Raigad police seeking police custody of #ArnabGoswami. The orders were reserved yesterday.

#RepublicTV

The Alibag Sessions court has posted the regular bail application filed by #ArnabGoswami for tomorrow.
The bail application was filed on Monday ahead of the Bombay HC rejecting his interim bail application.

#RepublicTV

Meanwhile, Supreme Court Bar Association President Dushyant Dave wrote to the SC Secretary-General asking why the petition of #ArnabGoswami was given priority listing when many other petitions of undertrials are not getting listed.

#DushyantDave https://bit.ly/2UhHx4t 

#SupremeCourt’s bench of Justices Chandrachud & Indira Banerjee assembles.

#ArnabGoswami
#SupremeCourtofIndia

Senior Advocate Harish Salve appears for #ArnabGoswami

Before you begin, theres one aspect we look at in these matters where there is a challenge to the FIR’s. The only prayer which survives is the quashing of FIR, says Justice Chandrachud
#Arnab

The overlay of the malice and fact and the abuse and conduct of state power is not something that happens on a day in and day our basis. Please see the totality of these issues, says Salve for #ArnabGoswami

We are well past the FIR stage. The FIR was lodged in 2018, May 5. After this matter was investigated. The Power to re-investigation has been wrongly used, Salve for #ArnabGoswami

Salve reads the Closure report.
“The Marathi version of the closure report has not been filed”, says Justice Chandrachud.

During this time the workers of #AnvayNaik were asking for money & him and his mother were in a lot of financial stress, says Salve for #ArnabGoswami

I had argued that there was no case of Abetment to suicide made out against #ArnabGoswami, Salve Says.

Salve reads averments which say that #AnvayNaik murdered his mother.
His mother wrote a nasty letter to Arnab in angst and financial distress, says Salve for #ArnabGoswami

Person was driven to a point where they committed suicide because say 88 lacs balance payment remains, not a case of Abetment to suicide, says Salve for #ArnabGoswami

Justice Chandrachud asks if the family was aware that a closure report had been filed.

It all remained silent till May 2020. The matter is ordered for reinvestigation, says Salve for #ArnabGoswami

Senior Advocate Harish Salve taking the bench through all cases filed against #ArnabGoswami and #RepublicTV reporters —- no offence made out in any.

Salve now on breach of privilege motion moved against Goswami by Maha Legislative Assembly.
“During discussion in the Assembly, the suicide case is brought up,” Salve for #ArnabGoswami

So nothing to do with the Assembly as such? Asks Justice Chandrachud

No, unfortunately the matter is pending and the #CJI Pulled up the Secretary of Maha Assembly, says Salve for #ArnabGoswami

Mentioning names of someone in single worded salutations have been made as derogatory, only in a republic like India - and a breach of privilege motion is initiated against #ArnabGoswami by Maha Assembly, Salve taking the bench through matrix of events wrt Arnab

As per Naiks suicide note goswami owed him 88 lacs and he already paid him 5 crores, already shown you the letter but a Mr. shaikh who owes him over 5 crores is not in the picture, the discussion is #ArnabGoswami , Salve says

What is the date of this discussion in the Assembly ? Asks Justice Chandrachud

It was September 8, says Salve for #ArnabGoswami

An FIR filed on complaint of Hansa on October 6 and The @MumbaiPolice CP makes allegations against @republic, says Salve, telling the court about the alleged TRP Scam issue

Hansa Research filed a complaint through one one of the Guys who works for them, a Mr. bhandari, says Salve for #ArnabGoswami

#ArnabGoswai

A press conference was called by Mumbai Police and he speaks against @republic TV. According to this complaint, meters were placed to track TRP’s and people were being paid to watch channel, says #HarishSalve for #ArnabGoswami

In the chain of events, Hansa is being told that they are being forced to make statements against @republic, says #HarishSalve for #ArnabGoswami

#ArnabGoswai

Republic wrote to Hansa saying if there are complaints against us tell us, Salve

Hansa said that if there were complaints then Republic would have been informed, Salve says For #ArnabGoswami

All this circus was going on and the court should have taken cognisance on the same day when Hansa said they are being forced to make statements against #RepublicTV - Salve for #ArnabGoswami

#ArnabGoswai

Justice Chandrachud says there are 3 aspects in the matter:
1)The complainant was not heard when A summary was accepted.
2) HC says acceptance of A summary does not prevent 173(8) CRPC
3) Quashing of FIR under 439
#ArnabGoswami

There is an FIR which is three years old and he is arrested. That too during the Diwali week and then he is transferred from Taloja Jail, Salve says

#ArnabGoswami
#ArnabGoswai

There is not doubt about what they are trying to do, Salve for #ArnabGoswami

If lady wanted to challenge the closure report, she could have done it since 2019, says Salve

They have filed a writ, says Justice Chandrachud

No problem, we’ll fight that on merits! I ( #ArnabGoswami) am in jail since 6 days! Says Salve

#ArnabGoswai #RepublicTV

Magistrate should have released #ArnabGoswami on bond but My Lord, that was not to be, Salve says
In fact I am applying, transfer this to the CBI and if hes guilty, send him to jail!
#ArnavGoswami

Will heavens fall if the man is released on ad interim bail? Says Salve for #arnabgoswami in #SupremeCourtofIndia

Senior Advocate Kapil Sibal for the State of Maharashtra
What are we arguing here today? If hes arguing quashing, that matter is listed in court. Are we here arguing Hansa? Palghar?
#ArnabGoswami

A person has died and has definitely committed suicide snd the others death is being investigated, on face of FIR and an amount of 6.45 crores was the bill of Concorde and an amount of 88 lacs was due by Arnab Goswami, says Justice Chandrachud
#ArnavGoswami

To make out a case of abetment, there has to active incitement and encouragement. If money is owed to a person, is that a case of Abetment to suicide? Asks Justice Chandrachud from Sibal for #Maharashtra State

#ArnabGoswai #ArnabGoswami

We are dealing with personal liberty here and because he was owed money, Naik committed suicide due to financial stress. Is this a case of Custodial questioning, Justice Chandrachud
#ArnabGoswami

The Bombay HC has written a 50+ page order but has not dealt with the ingredients of the offence, says Justice Chandrachud
#ArnabGoswai #ArnabGoswami

Assuming the FIR is the gospel truth and thats a matter of investigation but is not paying up money Abetment to suicide? It will be a Travesty of justice if bail is not granted while FIR is pending Mr. sibal, says Justice Chandrachud

#ArnabGoswami

The prayers of Habeas Corpus maintainability are written about even though the prayer is give up by the HC but only a few lines about the offence of Abetment of Suicide, says Justice Chandrachud

#ArnavGoswami #ArnabGoswamiArrested

Justice Chandrachud reads complaint by #AnvayNaik’s wife - “...police showed us the suicide note after we contacted the police”
Lets take it that there is a suicide note. Forget the heat and dust of the matter but is 306 attracted if suicide is committed due to financial stress?

Travelling to the path of destruction if court does not interfere today. Whatever be his ideology , lest i dont even watch his channel but if in THIS case, constitutional courts do not interfere today - we are traveling the path of destruction undeniably, Justice Chandrachud

We must send a message today to the High Courts as well.
“Please exercise your jurisdiction to uphold personal liberty!”
- Justice Chandrachud

#SupremeCourt #ArnabGoswami

Case after case, High courts are denying personal liberty, says Justice Chandrachud

In 99 per cent cases, I am on the otherside! Says @KapilSibal

Let today fall upon the 99 per cent cases, says Justice Chandrachud

#ArnabGoswami

If your lordship feels so strongly about, I cant say anything. If investigation has revealed certain facts, my lords should look at thay, Sibal

Yes we are with you, they deserve a fair investigation but if a state targets an individual like that.., Justice Chandrachud says.

I don’t even watch his channel, never turn it on, says Justice Chandrachud

#ArnabGoswami

Our democracy is extraordinarily resilient. Governments must ignore all this. This is not the basis on which elections are fought, says Justice Chandrachud

#ArnabGoswami

Taken 19(1)a to such an extreme extent, it is not an absolute right, My lords must also look at that, says Sibal

Yes, when your appeal came, CJI said that there should be responsibility on ALL sides, remarks Justice Chandrachud

#ArnavGoswami

On the side of personal liberty always but the bail was filed and withdrawn. It was said that the State was trying to delay the process, says Senior Advocate Amit Desai

If you deny a person liberty Mr. Desai..... says Justice Chandrachud

#ArnabGoswami

I stand for the state today and this was a petition under 226 and the HC had suggested for moving a 439. Interim application under habeas corpus could not have been converted so the HC was conscious of personal liberty, says Desai
#ArnabGoswami

I am only on the process, not on the context of personal liberty. According to the state, there is material collected which is ex facie, says Desai

#ArnabGoswami

In a 226 jurisdiction, would your lordships consider exercising power of bail? Desai says

#ArnabGoswami

Let the sessions consider Goswami’s bail. If Salves arguments are great, why would it be denied tomorrow? Why meddle with the hierarchy? Why not hear what the State has to say? Desai argues.

#ArnabGoswami

I am not here today representing either the state or the accused. I am here to state how the Criminal Justice System works, Desai

#ArnabGoswami #ArnabGoswai

Whether judicial custody order was valid or not by a magistrate wherein he applied his mind was never challenged in the HC, says Desai
#ArnabGoswami

#ArnavGoswami #ArnabGoswai

Articles 14 & 21 for both the victims and the accused and if victim comes knocking on the doors saying injustice has been caused, it is the State’s duty to balance the rights, Desai says
#ArnabGoswami