New Delhi, November 11, 2020: The Supreme Court bench of Justices DY Chandrachud and Indira Banerjee granted bail to Republic TV editor Arnab Goswami following hours of deliberations from both sides, saying "If this court was not to interfere today, we are travelling to the path of destruction of liberty, says Justice Chandrachud".

The Supreme Court Bench comprising of Justice DY Chandrachud said “District and high courts don’t grant bail in cases and people are in jail for months. This is happening every day. This court is burdened with it. If constitutional courts don’t protect liberty who will do it? “We are deeply concerned about it. If we don’t preserve human liberty. Forget the way he screams and yells, what concerns me is the value ascribed to human liberty. If this is what our state governments will do to people courts have to step in. This is the ultimate reason for the existence of our Constitutional courts. 

During the hearing both sides were heard in detail. Senior Advocate Harish Salve led the arguments for Goswami, while Senior Advocate Kapil Sibal led arguments for the other side.

During arguments, Sibal had told the bench: “The Supreme Court will be passing an extraordinary order if it gives interim relief only on the basis of the FIR.” He asked the court to wait till day after tomorrow when his (Arnab’s) regular bail plea comes up before the Sessions court. “Why would you think the sessions court cannot decide this fairly?” he asked.

In the discussion Rohatgi and Salve raises the point that the police jumped the gun in commencing its investigation and in arresting their clients without the ‘A summary’ having been set aside by a court of competent jurisdiction.They submitted that the entire exercise is thus improper and illegal. Salve argued that the Bombay High Court made a gross mistake of not giving interim bail to him. “Was I asking for an extraordinary relief in the high court?”

Earlier, Rohatgi and Senior Advocate Gopal Sankaranarayanan had argued for the two co-accused in the case. Both submitted that they are the collateral damages in the fight between Arnab and the Maharashtra government. “They have no direct association with the Republic TV founding editor,” they commented.

Salve had asserted that the re-investigation ordered by the Maharashtra Home Minister was illegal “and this is where mala fide becomes apparent.” He said that a constitutional court must look into these aspects when approached and technical argument on regular bail etc can’t come in the way.

The order said: “Arguments have been heard during the course of the day. The appeals before the court arise out if the order of the Bombay High Court of 9 November by which the order of interim bail and disposal of writ petitions has been rejected. In the meantime we are of the considered view that the high court was in error in rejecting plea for interim bail. “Appellants shall be released on interim bail with personal bond of Rs 50,000. The concerned jail authorities, commissioner of police is directed to ensure this order is complied with forthwith.” “The submissions of the learned counsel appearing on behalf of the rival contesting parties would be evaluated in the judgment for which reasons shall follow. The judgment is reserved,” said the Supreme Court.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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