Prima facie evaluation of FIR against Arnab Goswami doesn’t establish abetment charge: SC

Prima facie evaluation of the FIR lodged by the Maharashtra Police against Republic TV editor-in-chief Arnab Goswami does not establish any abetment to suicide charge, the Supreme Court said on Friday giving a detailed reason for granting interim bail to Gowswami on November 11 in the abetment to suicide case.

A bench of the apex court, headed by Justice DY Chandrachud, said the Bombay High Court failed to take a prima facie view of the FIR, the nature of accusation and the level of the charge against Goswami and erred in not granting bail. The Bombay High Court abdicated its duty in protecting the liberties of a citizen who had been complaining that he was being targeted by the Maharashtra government for his unplayable views expressed in his TV channel, Justice Chandrachud said.

He said the High Court abdicated its role as a protector of constitutional values and fundamental rights, and added that criminal law should not become a tool for selective harassment for citizens. The bench noted that doors of the courts cannot be closed in such cases and courts should remain open for all cases of deprivation of personal liberty and such deprivation cannot even be for one day.

Access to Justice needs to be democratised and it cannot be a selective tool for a few, it said. Justice Chandrachud said it needs to be seen whether the accused can tamper evidence, or whether the accused can flee, or whether the ingredients of offence is made out along with interests of the state. Here the case is about the liberty of a citizen, he noted. ”

The bench said the High Court in failing to notice the contents of the FIR and to make a prima facie evaluation abdicated its role, functions and jurisdiction when seized of a petition under Section 482 of the CrPC.

The Supreme Court had, on November 11, granted interim bail to Arnab Goswami and two others in connection with the 2018 abetment to suicide case holding that the Bombay High Court was incorrect in not granting bail in the matter.

Goswami and two others were on November 4 arrested in connection with the 2018 suicide case. Later, they were sent to 14-day judicial custody by a lower court later that day. The suicide case, in which a closure report was filed in 2019, was reopened after Naik’s wife Akshata approached a court. In September this year, Maharashtra Home Minister Anil Deshmukh had ordered a re-investigation into the case after a fresh complaint by Naik’s daughter.