NEW DELHI: The Supreme Court of India on Friday said that the abetment to suicide charge doesn’t establish in the FIR against journalist Arnab Goswami. The bench headed by Justice DY Chandrachud and Justice Indira Banerjee pronounced their judgement giving detailed reasons for the interim bail to Arnab Goswami on November 11 in the 2018 Anvay Naik suicide case.
The Supreme Court said that Maharashtra police failed to establish charges against Republic TV chief in the suicide case. Hence, it was necessary for them to grant bail to Arnab Goswami. The apex court also observed that there was prime facie no nexus between the FIR filed failed against Arnab Goswami and Section 306 under IPC.
“It cannot be said that appellants had abetted the suicide of the head of the architectural firm. High Court said the justification to quash has to be exercised carefully. If the High Court was carrying a prima facie evaluation, then it could not have seen that there was no nexus between FIR and Section 306 IPC, the bench also says”.
SC slammed Bombay HC for ignoring bail for Arnab Goswami
Slamming the Bombay High Court for its disinclination to grant bail to Arnab Goswami, the bench pointed out that the High Courts ought to take a final call on whether FIR should be quashed or not. The Bombay High Court abdicated its constitutional duty as protector of liberty by failing to take prima facie view of the FIR.
The apex court also observed that Bombay High Court has failed to do its duty by disabling itself from exercising its jurisdiction and added that the Bombay High Court should be circumspect in considering the facts of the case but should not close itself off when considering the denial of liberty of the citizen. The top court also said that the High Courts must exercise its power with caution.
Criminal law cannot be the tool of harassment, bail is expression of humanness
The Court also observed that the criminal law should not become a tool for selective harassment of citizens. While, Justice Chandrachud said that the remedy of bail is a solemn expression of humaneness in the justice system. “We have given expression to our anguish in the case where the citizen has approached the Court,” he added.
Justice Chandrachud also cited of the National Judicial Data Grid regarding the number of bail applications which are pending. “The Chief Justice of every HC should utilise the data to ensure equitable access to justice. Liberty is not a gift for the few,” the bench observed.