Arnab Goswami moves SC: Vacation Bench to hear matter tomorrow
Mumbai, Nov 10: Republic TV editor-in-chief, Arnab Goswami has moved the Supreme Court after the Bombay High Court rejected his bail plea in connection with the alleged abetment to suicide case. A vacation Bench comprising Justices D Y Chandrachud and Indira Banerjee will lead the matter.
The Bombay High Court observed that no case has been made out on facts under Section 439 of the Code of Criminal Procedure under extraordinary jurisdiction. The bail pleas of co-accused, Nitish Sarda and Feroz Shaikh were also rejected.
The HC in a 56 page order said "in our opinion, the petitioner has an alternate and efficacious remedy under section 439 of the Code of Criminal Procedure to apply for regular bail. At the time of concluding the hearing of applications, we had made it clear that if the petitioner, if so advised, to apply for regular bail under section 439 of the Code of Criminal Procedure before the concerned court, then, in that case, we have directed the concerned Court to decide the said application within four days from filing of the same."
Merely because the Magistrate has accepted the "A" summary submitted by the Investigating Officer, that would not mean and preclude the concerned Investigating Officer to invoke the provisions of section 173(8) ofCode of Criminal Procedure to commence further investigation after giving intimation to the jurisdictional Magistrate, the Bench said.
"The victim's rights are equally important like the rights of the accused. We cannot accept the contention of the petitioner that there cannot be further investigation when the order passed by the Magistrate accepting the "A" summary was without notice and without giving an opportunity to the informant for filing the protest petition," the court further observed.
Earlier Goswami filed a bail plea in the Alibaug sessions court. The HC had last week said that he was free to move the sessions court seeking bail.
If a bail plea is filed, then the sessions court shall decide it within four days, it said.
The high court was hearing petitions filed by Goswami, a high-profile TV journalist, and two other accused -- Feroze Shaikh and Nitish Sarda -- seeking interim bail and challenging their "illegal arrest".
The trio were arrested by Alibaug police in Maharashtra's Raigad district on November 4 in connection with the suicide of architect-interior designer Anvay Naik and his mother in 2018 over alleged non-payment of dues by the accused's respective firms.
The petitions also sought a stay to the investigation and quashing of the FIR.
The court, which on Saturday only heard arguments on interim bail, said it would hear the petitioners on quashing of the FIR on December 10, after Diwali vacation.
After his arrest from his Lower Parel residence here amid high drama on Wednesday, Goswami was taken to Alibaug, where the Chief Judicial Magistrate remanded him and two others in judicial custody till November 18.