Thread by @barandbench

After the Supreme Court had granted interim bail to Arnab Goswami in 2018 abetment to suicide case, bench of Justices DY Chandrachud and Indira Banerjee to deliver detailed reasoning for its November 11 order shortly

#SupremeCourt #ArnabGoswami @republic @Republic_Bharat

Justice DY Chandrachud begins dictating the reasons: We have perused over Section 306bof IPC. It cannot be said appellants had abetted the suicide of the head of the architectural firm. HC said the justification to quash has to be excercised carefully

@republic
#SupremeCourt

Justice DY Chandrachud : if the HC was carrying a prima facie evaluation then it could not have seen that there was no nexus between FIR and Section 306 IPC

Justice Chandrachud: Ingredient of the offence was not established. The HC has failed to excercise its powers under Section 482 CrPC and thus failed to excercise power under Article 226 of the co.nstitution

Justice Chandrachud: It needs to be sent whether the accused can tamper evidence, or whether accused can flee, or whether ingredients of offence is made out along with interests of state. These principles have emerged over time. Here the case is about liberty of a citizen

Justice Chandrachud: The appellants are residents of India and don't post flight risk or can they tamper evidence. We have also added a section on Human liberty and role of Courts: Section 482 recognizes powers of the HC to give effect to other provisions of CrPC

Justice Chandrachud: Due enforcement of criminal law cannot be obstructed by accused opting strategies and the court must be circumspect in excercising powers under Section 482 crpc.

Justice Chandrachud: Court recognizes inherent power but it must aid the protecting liberty and the concept of liberty runs through the fabric of the constitution. Misuse of criminal law is something HC should be alive to

Justice Chandrachud: Arnab Goswami stated he was being targeted for his views on subjects since April 2020. But here HC abdicated its role as a protector of constitutional values and fundamental rights. Criminal law should not become a tool for selective harassment for citizens.

Justice Chandrachud: Liberty services on the cacophony of the media and dusty corridors of the court. HC failed to excercise its adjudicator function. In declining interim bail it had failed to excercise its role.

Justice Chandrachud: Doors of courts cannot be closed in such cases and courts should remain open for all cases of deprivation of personal liberty and such deprivation cannot be even for one day.

Justice Chandrachud: Rule established by Justice Krishna Iyer was "bail is rule and jail is exception." HCs get burdened when superior courts do not excercise jurisdiction. Chances of incarceration is huge and accused languishes as under trials
.

Justice Chandrachud: The remedy of bail is a solemn expression of humaneness of our criminal justice system. This case is for countless other cases where such voices should not go unheard. Data of NJDJ shows information which can be utilized in matters concerning personal liberty

Justice Chandrachud: Access to Justice need to be democratized and it cannot be selective tool for few.

Our courts should exhibit acute awareness to the need to dispense Justice in cases of personal liberty. The interim order shall remain in operation till further proceedings and it will be open to them to peruse further remedy.

Appeals are accordingly disposed off..