Thread by @barandbench

#BombayHighCourt will hear the plea of #ArnabGoswami Editor-in-Chief of Republic TV challenging his arrest by Maharashtra Police today.

Bench of Justices SS Shinde and MS Karnik will begin hearing the plea at 3 pm today.

@republic
@MumbaiPolice

Notice was issued in his plea in the previous hearing as the Court was not inclined to grant a hearing unless the Respondents can be heard.

Akshata Naik - the complainant in the FIR of the abetment of suicide case was also impleaded in the plea.

Read: barandbench.com/news/bombay-hi…

Hearing begins.

Advocate for Commissioner of Police, arrayed as Respondent no. 3 points out to the Court that since there are no allegations against the Commissioner, he should be removed as a party.

Sr. Adv. Harish Salve appearing for #ArnabGoswami intervenes that he is yet to make submissions

Salve: I will not remove your name, I am yet to argue and submit to the court my case. Let me start first.

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@MumbaiPolice
@CPMumbaiPolice
@harishsalvee

Sr. Adv. Harish Salve begins his submissions.

He states that there are allegations of malafide in the petition.

@republic
@MumbaiPolice
@harishsalvee

Salve asks Sr. Adv. Aabad Ponda’s junior to read the order which is in Marathi before he begins his submissions.

Court asks if the remand order is challenged and they are informed that a revision application has been filed.

Court: since the order is under challenge in revision, we do not know what will be the verdict.

Salve: My client is in jail because of that order.

Court: Ok, you plead, make your submissions.

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@harishsalvee

Ponda’s junior begins reading the remand order.

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Ponda: It is not going to be set aside the order. The Police custody or the Judicial custody can change, but the finding of the order remains.

Salve continues.

Salve: I have filed an application under Section 438 with the Petition.

My petition has express allegations that a case which was closed has been re-opened with malicious intentions.

Read details of petition: barandbench.com/news/litigatio…

Salve apprises the Court of the breach of privilege proceedings which led to the re-opening of the case of abetment of suicide.

He adds that the SC has granted protection to #ArnabGoswami today and notice has been issued.

@republic
@MumbaiPolice

Salve: IT is our case that it is a continuing case of harassing the petitioner.

The police was trying to secure police remand. I am sure they put their best foot forward.

@republic
@MumbaiPolice
@harishsalvee

Read about SC hearing in breach of privilege proceedings: barandbench.com/news/litigatio…

Salve asks Ponda’s junior to read the reasons for rejecting police custody in the final paragraphs of the order.

Salve continues.

Salve: I have placed on record the discussion which took place in the assembly.

The discussion relates to generally the journalistic work of #ArnabGoswami, singular salulation to CM, his cabinet ministers and other respective members..

Salve: .. deliberate breach of privilege, whatever this means.

Mr. Bhujbal said something and then discussion goes on.

They then go into the politics of the issue.

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@MumbaiPolice
@CPMumbaiPolice
@CMOMaharashtra

Salve: Milords should see the interweaving that #ArnavGoswami is using sharp words etc is being discussed.

The Minister of Home Affairs Anil Deshmukh then begins discussing the suicide case of Anvay Naik.

@AnilDeshmukhNCP
@harishsalvee

Salve: Milords after this I submit that the Assembly decided that “orders will be issued to the police department.”

One thing is now clear, what the Magistrate found is corroborated by the statement made by Home Minister and that statement is made in a debate.

@MumbaiPolice

Salve: It is clear that the state is acting in malice. There are multiple FIRs.

Court: What happened in the SC today?

Salve: The stay granted by the HC continued. Notice was issued.

The allegation with the TRP scam is also an evidence. My name was not there.

Salve: But the Commissioner says I am involved.

The petitioner - Hansa Research Group - just said in court today that its employees are being compelled to incriminate @republic

Salve: Regarding the suicide case, I will point out from my plea that I have paid more than 90% of the due amount.

Admittedly there was no personal relationship between #ArnavGoswami and Anvay Naik.

Salve reads details from the FIR.

Read: barandbench.com/news/why-was-a…

Salve refers to judgments which he will be relying upon.

Salve begins with M. Arjunan vs The State Rep. By Its Inspector.

Read judgment here: indiankanoon.org/doc/65076410/

He also refers to a recent judgement of SC of October 2020. Gurcharan Singh

He submits that the act of non-payment is a civil dispute.

Salve: We do not know the curious circumstances of the suicide.

Nobody has established that there is illegal ommission.

Salve: In these circumstances there is no need for incarceration.

Milords may hear all parties after affidavits are filed, but he need not be kept in detention.

@MumbaiPolice
@republic

Court: We hear you, but our assignment (matter assignments) does not allow us to hear Bail applications.

Salve: Milords I am challenging the proceedings, the initiation of proceedings.

But the High Court has powers even under Art. 226 to grant bail.

Court: Maybe move a precipe with the administrative side and get this reassigned.

Salve: No milords I am saying, you are seized under 226. This is 226 read with 438.

Those constitutional powers Milords have.

Court: What about the revision application?

Ponda: Milords they have challenged the remand order for custody, and not on the facts.

Sr. Adv. Shirish Gupte appearing for Adnya Naik submits on state’s instructions that the entire order has been challenged.

Salve: Even so, even if entire order is challenged, my point is why should he be in Jail. This is a matter of 2019.

Nothing has happened from 2019 to today, what will happen now and from now to Diwali?

Salve: If the root is tainted by illegality then it is important to note that the result will be too.

Salve: Whether he will go on his channel and say things against Parambir Singh (Commissioner of Mumbai Police)? Yes he will. But will that hamper this investigation? No.

Court: But why habeas corpus?

Salve: Because milords when we approached this court, he was in illegal detention.

Technically habeas corpus may not lie because there is an order of Magistrate for judicial custody.

But then the challenge to FIR remains.

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@MumbaiPolice

Court: But what happened to the Bail application?

Ponda: We had submitted the bail application, but then the Magistrate said reply can be filed in due course, which could have gone till the end of 14 days. So we submitted a purshis and withdrew the application.

Court: And there is an interim bail application here?

Ponda: Yes, there is an interim application here.

Court: what is the normal course for bail?

Ponda: Technically it is with the sessions, but then we had moved before the Magistrate and then now there is a revision.

Court: And is it normal course to approach the High Court for bail directly?

Ponda: The source of power is the Kartar Singh and Girish Suneja matter.

Court: Let Salve continue with his judgments.

Salve: Those are the very cases, Mr. Ponda is citing.

Salve: Whatever little I know of criminal law is through Mr. Ponda and Sr. Adv. Mr. Amit Desai.

Court: Which is why we insisted on hearing the other side too Mr. Salve!

Ponda proceeds to cite judgment Girish Suneja v. CBI

Read: indiankanoon.org/doc/174336697/

Ponda then reads Asian Resurfacing case.
Read: indiankanoon.org/doc/172610348/

Ponda: The third and final judgment is Kartar Singh. We have already quoted imp paras (Para 359 and 368) in the Suneja judgment.

Ponda also asks the Court to note Imtiaz Ahmad from the Asian Resurfacing judgment.

Ponda reiterates that the power to grant stay of investigation and trial is a very extraordinary power given to High Courts and the same power is to be exercised sparingly only to prevent an abuse of the process.

Court: Mr. Ponda what we propose to do is we want to continue this tomorrow.

We have to hear the other side also.

We will start the hearing at 11 am, the other side will argue only on the limited arguments which are made by the petitioner counsels.

Salve: May I request that hearing may start at 12 tomorrow (referring to time difference)

Court: Yes, of course.

We also have to hear Mr. Vaidyanathan too.

Court records consent of parties to continue the hearing tomorrow at 12 pm.

Court asks Ponda to move the IA on the administrative to ensure that the application is assigned to us.

Ponda: We will make a sincere attempt.

Court asks all parties to limit their submissions tomorrow only with respect to the interim application.

Hearing ends for today. Will be continued tomorrow at 12 pm.

Arrest of Arnab Goswami: Bombay High Court hears habeas corpus plea [LIVE UPDATES]

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