Anirban Roy Profile picture
Lawyer.. So Unsolicited Legal Gyan & Jazz on Legal Aspects of Public Issues.. But uninfluenced by any Party/Ideology..
Nov 8, 2020 26 tweets 5 min read
Summary of my legal views on #Arnab Case.. Some may find favour with his supporters & some with his critics.
1. 306 IPC Offence doesn't seem borne out even if allegations of Complainant are assumed to be true.
2. Reopening after closure required explicit Court order.
1/n
3. Police has powers for Further Investigation u/s 173(8) CrPC w/o Court permission but as per SC, it is good practice to apply & take formal permission.
4. Further Investigation is different from Reinvestigation.
5. Reinvestigation can be ordered ONLY BY HC & not Magistrate.
2/n
May 27, 2020 6 tweets 3 min read
Let us assume that @republic & #ArnabGoswami deliberately held up undisputed & bonafide debts & the creditors committed suicide.. Even then IMO a case of Abetment to Suicide u/s 306 IPC is not borne out.. What's there to investigate or reinvestigate here?

IMHO a mention in a Suicide Note per se doesn't make one liable u/s 306 IPC. Essential ingredients of offence as laid down must exist.

In a one sided love affair, person commits suicide & names the other in note. Other can't be made liable for Abetment.

Apr 30, 2020 7 tweets 2 min read
And it is in my Building now. Daughter in law in a family of 19 Members tests Covid 19 +ve & hospitalised. Building Sealed.

Patient hardly had outward movements. Husband, FIL & BILs defied Lockdown everyday saying "Humko Kuch Nahi Hoga". So main culprit yet to be identified. Remaining 18 Family Members put under Home Quarantine because of 7 small kids in family.

Quarantine conditions breached on multiple occasions in 24 Hours. Upon complaints, BMC & Cops in Building now to take entire family to Quarantine Centre. Family is resisting.
Dec 19, 2019 9 tweets 2 min read
1. Provision for #NRC is there in Sec 14A of Citizenship Act for long (wef 2004) though except for Assam, where implemented under SC directions, no rules exist setting out criteria for inclusion or exclusion of names.

2. Statement of HM "NRC Ayega" actually says nothing new. 3. #CAA may be constitutional/unconstitutional/fair/unfair... It would be determined in 50 Plus Petitions in SC (neither in Social Media nor on streets).

4. CAA applies to defined group of Illegal Migrants who came prior to Dec 31, 2014. Not criteria for all times to come.