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Supreme Court rules Arnab will not be arrested till case is on in HC; even in case of adverse order, will not be arrested for 4 more weeks [Read Judgment]

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The High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power: Justice DY Chandrachud

New Delhi (ILNS): The Supreme Court today reiterated that Republic TV Editor Arnab Goswami will not be arrested till the pendency of proceedings before high court in terms of its November 11 order. The court also added that even if the high court were to decide adversely, Goswami and his two associates will have a further protection for four weeks.

The court was today announcing the reason for its earlier verdict in the case where it had granted bail. The court said that the evaluation of the FIR against Goswami prima facie does not establish any abetment to suicide charge against him.

The top court said that the Bombay High Court failed to take a prima facie view of the FIR, the nature of accusation and the level of charge against Goswami and erred in not granting bail.

Regarding the prima facie evaluation of the FIR lodged by Maharashtra Police about alleged non-payment of dues, driving the businessman to commit suicide, does not establish prima facie a charge of abetment against Goswami.

Justice DY Chandrachud said: “We have perused over Section 306 of IPC. It cannot be said that the appellants had abetted the suicide of the head of the architectural firm. The HC said the justification to quash has to be exercised carefully.

“The ingredient of the offence was not established. The HC has failed to exercise its powers under Section 482 CrPC and thus failed to exercise power under Article 226 of the constitution.

 “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 also said: “The appellants are residents of India and don’t post flight risk, nor can they tamper with 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.

“It needs to be seen whether the accused can tamper with evidence, or whether the 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,” he added.

The judge continued: “Due enforcement of criminal law cannot be obstructed by accused opting strategies and the court must be circumspect in exercising powers under Section 482 Crpc. The 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 that the HC should be alive to.”

The doors of this Court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law. Our courts must ensure that they continue to remain the first line of defense against the deprivation of the liberty of citizens. Deprivation of liberty even for a single day is one day too many. We must always be mindful of the deeper systemic implications of our decisions: Justice DY Chandrachud.

The Apex Court reiterated, While considering an application for the grant of bail under Article 226 in a suitable case, the High Court must consider the settled factors which emerge from the precedents of this Court. These factors can be summarized as follows:
(i) The nature of the alleged offence, the nature of the accusation and the severity of the punishment in the case of a conviction;
(ii) Whether there exists a reasonable apprehension of the accused tampering with the witnesses or being a threat to the complainant or the witnesses;
(iii) The possibility of securing the presence of the accused at the trial or the likelihood of the accused fleeing from justice;
(iv) The antecedents of and circumstances which are peculiar to the accused;
(v) Whether prima facie the ingredients of the offence are made out, on the basis of the allegations as they stand, in the FIR; and
(vi) The significant interests of the public or the State and other similar considerations.

Also Read: Smog towers: After Supreme Court barb, more air purifiers in the Delhi pipeline

Read the Judgment here;

24646-2020-33-1501-24858-Judgement-27-Nov-2020

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36 COMMENTS

  1. Arnab a mouth piece of BJP and sang pariwar cannot be procecuted, when Supreme court interfere with lower court’s. The mis carriage of justice and nepotism, is evident when the Supreme court rules out bail for other litigants with similar cases. In other words Supreme court have succumbed to Political Masters and fail to uphold the law of the nation and it’s constitution.

  2. Paid justice system works in India from Supreme court to police all barbaric if you have money or political connection you can kill anyone or do whatever you want specially supreme court judges they are very lower level

  3. Why the SC did not intervene where othere journalist were arrested and charged with sedetion and jailed in states other than Maharashtra ?😢
    Why so selective ?

  4. Infact, the SC should have given Arnab Goswami a blanket pardon and directed the HC & Maha govt NOT to arrest him whether HE is found guilty or otherwise in ANY case whatsoever !!

  5. Supreme Court protected fundamental right and liberty of citizen of India and obeyed its duty of protecting fundamental rights mentioned in constitution

  6. Obviously a POLITICALLY MOTIVATED RULING. Day by day, the Indian Public, THE ACTUAL OWNERS of this great nation, are watching decision makers, living off our TAX MONEY, and flouting the Constitution.
    A shameless anchor is enjoying the patronage of both, the EXECUTIVE and sorrowfully, the JUDICIARY.

  7. (1) Why SC granted SPECIAL BAIL to ARNAB GOSWAMI before hearing others who are languishing in Jail for years?….SC should follow Queue System to Grant Bail…..(2) ARNAB GOSWAMI should be arrested for ABETMENT to Suicide of Sushant Singh Rajput…..as Sushant family KK Singh and 4 married sisters – Mrs Priyanka, Mrs Sweta, Mrs Neetu, Mrs Meetu and Republic TV ARNAB GOSWAMI started harrasing Sushant – Rhea when they went on Europe trip …like..Darling Couple Dhrub – Juli enjoying Europe….Due to Harasment Sushant – Rhea cut short Europe trip …..then in Feb 2020 OP Singh brother -in-law approached DCP MUMBAI POLICE Dhaia to BREAK SUSHANT- RHEA RELATIONSHIP……..So, Sushant got DEPRESSED and to escape from Family and Republic TV harassment, he commited SUICIDE..SC should now not grant any SPECIAL BAIL to ARNAB GOSWAMI.

  8. The SC has made it clear that Arnab “Manoranjan “Goswamy is a loud mouth but blue-eyed boy and cannot be arrested even if found guilty by the Bombay High Court.He must be left free to encourage enmity between people by propagating false news on his Republic TV and to incite people to commit suicide by his actions !

  9. We inherited our justice delivery system from Britishers. There were perhaps no far reaching amendments to the CrPC, CPC and Evidence Act to conform to present day needs. Had there been a law or rule to fasten accountability if the decision of judicial or semi judicial authority was much beyond the reasonable approach things would have been altogether different.

  10. Arnab is so courageous that he can speak against the govt of the same state in which he is residing.
    Everyone knows what was the plan against against him.
    Even Sharamveer singh said, ” Arnab ki Diwali jail me mnayege”. How can A Police official dare to speak like this against a citizen.
    BUT AT LAST TRUTH PREVAILS 🇮🇳

  11. Hats off, My Lord, Justice Chanrachud.

    Hope time tested Judiciary will not be mauled. Any monitoring could be done constitutionally.

  12. High court shows that it has come under the influence political establishment of the state govt. Not sure if such judges will still be considered for promotions. There needs be way for identifying non performers and taking necessary steps like in any private organisations

  13. The apex court rightly pronounced its order. It was cruel to arrest a reputed journalist in a closed case by reopening it without making proper investigation into the circumstances to establish the facts. The aim is to arrest and harass him and no good faith is seen towards justice.

  14. EVEN AN ORDINARY CITIZEN CAN UNDERSTAND THAT THERE WAS POLICAL VINDICTIVE ACTIONS WHY SC JUDICIARIES DIDN’T DECLARE HC’S ACTION ILLEGAL, MELAFIED AND WITH ILL INTENTIONS TO HARASS ARNAB. SC JUDGES SHOULD BE BOLD ENOUGH TO PURSUE POLITICALLY MOTIVATED CRIMES TO BE BROUGHT TO JUSTICE.

    • Joshi Sir, you are absolutely right but as far as law is concern, The Hon’ble Supreme Court has made efforts to pass the judgment in ambit of Law only….. However indirectly in the judgment your remarks/opinion spontaneously reflects….. I shall be great full to hear from your good selves…

    • It’s clear that this person is more special than so many others that were arrested on false grounds just because they exercised their right to protest. Women, and children(literally) have been in prison for months at a time and these same courts continue to turn a blind eye towards the so called “citizens right to liberty”.

  15. Fantástic .What a reply to the critics of the nation on quick release of the great Anchor on interim bail .Hats off to Mr
    D. Y .Chandrachud . Now what are you doing about those held in jail for months or years together waiting for a quick interim bail, I am sure your concious is telling you somethimg to do for them.You seem to be a person of mercy and compassion for such people who look gor duch personal privilge. I trust in God , that truth will prevail and the lie will pay.

  16. Ek baat samjh me nahi aa rahi yeh Supreme court Uttar Pradesh wale case me itni chup kyu hai? Supreme case clearly partiality kar rahi hai.. bjp se connected logo k liye different judgement hai aur baaki k liye different… Yadi aisa hi raha to wo din dur nahi jab Bharat ki halat Pakis6, Syria jaisi ho jaaye aur log gun lekar ghume aur apne faisle khud hi karne lage… Ek anpad ko bhi yeh dikh raha hai ki Supreme court k judgment galat hai bhagwan yeh log kitna paisa kha rahe hai aise judgement dene ka..

  17. Someone please tell the honorable judge Me. Chandrachud that Vijay Mallya, Nirav Modi and Nityananda were all citizens of India till the day flew out of the country! Regarding the tampering of evidence n threatening the alleged witnesses – ah just catch a good old Hindi movie and you will know how these things works! Lol 😂😆😂 the state of judiciary in our country! God save India!

  18. Why Supreme Court is involved in arnab case. It looks like arnab is having big balls to hold Supreme Court in his hands. What about the millions of innocent people in the jail who are held against their will until the trial comes. Supreme Court must release everyone based on equal rights and equality of law to every citizen.

    • What makes arnab special while being involved in some criminal activity and not being arrested. Why is Supreme Court coming in to rescue this criminal while all other citizens are in jail while facing the trial. Justice must be equal to all citizens irrespective of rich, poor, sex, race, religion, color, etc.

  19. Primary facia is what the parents of disesed knew Mr.Judge. Not the law. Didn’t whole law fraternity other than BJP looking at you with suspicion. Is this not grave Injustice to Judiciary. May God Save Save India.

  20. When politicians like Lali Yadav is making mockery of the judiciary and many state using power on malafifed intentions for harassing common citizens. And politicians are behaving like mogul and British rulers.we have only faith on judicial but judiciary also in hand of powerful machineries. Why SC is not taking stringent punishment on officials who are used by politicians masters. UNTIL UNLESS STRONG JUDICIARY AND PUNISHMENT SYSTEM AND ACCOUNTABILITY POWER FULL POWERS WILL MAKE IT MOCKERY

  21. Even though AMG suffered,this judgement will be a good precedent for state sponsored Khakee+Blacky terrorism against people.

  22. Re-open case against Salman Khan of drunken-driving and murder of poor street vendor sleeping on the footpath. Re-open the case of Salman Khan of killing an endangered species of deer in rajasthan.

    Only then will these miscreants can be made to fall in line who so arrogantly comment against a journalist working sincerely.

  23. How much were these people paid, their are others rotting in prison for which these same idiotic judges have no time, sorry to say that people of this country have lost trust and faith in this judiciary.

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