Why SC Mentioned Arnab Goswami's Case During Kejriwal's Bail Plea Hearing

The Supreme Court on Tuesday mentioned journalist Arnab Goswami's case during the hearing of a plea of Delhi Chief Minister Arvind Kejriwal.

On Tuesday, the Bench of Justices Sanjiv Khanna and Dipankar Datta refrained from taking an immediate decision on his plea but emphasized that if interim bail is granted to Kejriwal, he should not carry out official duties as Chief Minister to avoid potential conflicts.

The Court expressed concern about potential interference in government operations if Kejriwal were to resume his official responsibilities while on interim bail. However, the Court also deliberated on whether interim bail should be granted at all.

Solicitor General Tushar Mehta, representing the Enforcement Directorate, strongly opposed the plea for interim bail, arguing against categorizing political leaders separately and asserting that releasing Kejriwal solely because of his political status would set an incorrect precedent. He highlighted concerns about irreversibility if bail were granted and questioned the necessity of appointing Kejriwal as Chief Minister without a portfolio. Justice Khanna reassured that any decision made would not be irreversible.

It is during this argument the court mentioned about Arnab's case.

The Court also out the relief granted to Republic TV Editor-in-Chief Arnab Goswami by the Supreme Court in a case against him, Bar and Bench noted.

"It happened in Arnab Goswami. Bombay High Court order was under challenge," the website quoted Justice Datta as saying.

However, the Solicitor General argued that granting bail to Kejriwal on the basis of elections would establish an unfavourable precedent, leading to similar requests from others.
"The Court is allowing the doors of contingencies just to let out this one person and the public prosecutor will not be able to argue ever if a kirana owner comes. I know these are inconvenient arguments," he said.

In a 2018 abetment to suicide case, the apex court a bench comprising Justice D.Y. Chandrachud and Justice Indira Banerjee said, "Prima facie, on the application of the test which has been laid down by this court in a consistent line of authority... it cannot be said that the appellant was guilty of having abetted the suicide within the meaning of Section 306 of the IPC."

Maharashtra Police arrested Goswami on November 4 and remanded him to 14 days in judicial custody by the chief judicial magistrate of the Alibaug trial court. Following his arrest, he petitioned the Bombay High Court, challenging the police's decision to reopen the case. He pointed to a closure report filed in 2019 that he claimed had been accepted by the magistrate.

The apex court had also cited a significant 1977 case to highlight the fundamental principle of our criminal justice system: "bail, not jail".