In a recent update to the Arnab Goswami abetment to suicide case, the Supreme Court on Friday said the interim bail issued to Goswami and two others will continue till the Bombay High Court disposes of their plea. The Apex court even added that the judiciary should ensure criminal law does not become a weapon for selective harassment.
The bench of justices DY Chandrachud and Indira Banerjee criticised the Bombay High Court for failing to exercise its power. They added that the high court has, “abdicated its role as a protector of constitutional values and fundamental rights.” This bench of judges had granted Goswami the interim bail on November 11.
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SC said, “The doors of this court cannot be closed to a citizen who has prima facie showed state misused its power.” It added that the interim bail remains in force till Bombay HC decides to quash the petition and will also remain in force for another four weeks to enable the senior journalist to approach SC.
The Republic TV editor-in-chief had approached the apex court after the Bombay HC refused to grant him bail. However, the SC bench gave a prima facie view stating that the FIR’s preliminary evaluation does not establish any abetment to suicide charge.
According to SC, the Bombay HC should have taken a prima facie view of the FIR as well. It added that the HC should have considered the nature of allegations and even erred the HC for not granting any bail.
Additionally, the SC also stated that in cases which involve the liberty of citizens and are targeted by the state, it is the duty of the court to ensure that the state does not use, “criminal law as a tool to harass or jeopardise liberty (of citizens).”
While referring to the facts of the case, the SC said that there is a disconnect between the FIR and the ingredients of the offence of abetment to suicide. The interim bail was also given to Neetish Sarda and Feroz Mohammad Shaikh- the two other accused in the case on a personal bond of Rs 50,000 each. The SC also directed that they shall not tamper with the evidence and even cooperate in the probe.
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