Analysis of FIR towards Arnab doesn’t set up cost, says SC


Satya Prakash

Tribune News Service

New Delhi, November 27

Sixteen days after ordering the release of Republic TV Editor-in-Chief Arnab Goswami, the Supreme Court on Friday delivered a detailed judgement which said the FIR against him prima facie didn’t establish abetment to suicide charge.

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Raps Bombay HC

  • The top court criticised the Bombay High Court for failing to notice the contents of the FIR and making a prima facie evaluation and abdicating its role, functions and jurisdiction when seized of a petition under Section 482 of the CrPC.
  • The High Court should not have refused to exercise its powers “when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power”.

A Bench, headed by Justice DY Chandrachud, said “a prima facie evaluation of the FIR does not establish the ingredients of the offence of abetment of suicide under Section 306 of the IPC”. It ordered that the interim bail granted to Goswami and two other accused — Feroz Mohammad Shaikh and Neetish Sarda — on November 11 shall remain operational four weeks after the Bombay High Court disposed of their plea for quashing of the FIR. If rejected, they can move the top court.

The top court criticised the Bombay High Court for failing to notice the contents of the FIR and making a prima facie evaluation and abdicating its role, functions and jurisdiction when seized of a petition under Section 482 of the CrPC.

The High Court should not have refused to exercise its powers “when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power”.

The top court lamented that 91,568 bail applications were pending in High Courts, while 1.96 lakh such pleas were hanging fire in district courts.

Maintaining that “Liberty is not a gift for the few”, the top court asked High Courts and District Court’s to monitor pendency of bail applications to ensure protection of personal liberty of ordinary people.



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