No Prima Facie evidence for proving Abetment to Suicide in Arnab Goswami Case; says Supreme Court

 No Prima Facie evidence for proving Abetment to Suicide in Arnab Goswami Case; says Supreme Court

 

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The Supreme Court today by its judgement dated 27/11/2020 extended the interim bail of Arnab Goswami and other co-accused in Anvay Naik's suicide case 2018. 

The interim protection that was granted by the Supreme Court by the order dated 11th Nov. 2020 has been extended and shall continue to remain in force till High Court decides on quashing of FIR, for a period of four weeks from the date of the judgement of the Bombay High Court.

The Supreme Court said that prima facie evaluation of FIR doesn't establish the ingredients of Sec 306 IPC Abetment to Suicide. There is no apprehension as regard to the tampering of Evidence or Witnesses. It also held that Courts must ensure that Criminal law doesn't become a tool of the state to harass citizens. 

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Supreme Court's order dated 11th Nov. 2020:

―9 We are of the considered view that the High Court was in error in rejecting the applications for the grant of interim bail. We accordingly order and direct that Arnab Manoranjan Goswami, Feroz Mohammad Shaikh and Neetish Sarda shall be released on interim bail, subject to each of them executing a personal bond in the amount of Rs 50,000 to be executed before the Jail Superintendent. They are, however, directed to cooperate in the investigation and shall not make any attempt to interfere with the ongoing investigation or with the witnesses. 10 The concerned jail authorities and the Superintendent of Police, Raigad are directed to ensure that this order is complied with forthwith. 11 A certified copy of this order shall be issued during the course of the day

(Source: https://main.sci.gov.in/)

 The Apex Court said that the Human Liberty is a precious constitutional value and is subject to validly enacted legislation. The Court referred to Sec. 482 of the Code of Criminal Procedure which provides High Courts inherent power to make such orders as required to prevent the abuse of process of any court or otherwise to secure the ends of Justice.

The Court acknowledged the pleas of Respondents (Mr Kapil Sibal, Mr Amit Desai and Mr Chander Uday Singh) that they are absolutely right in their submission that the procedural hierarchy of courts should be followed in matters concerned with grant of bail."However, there was a failure of the High Court to discharge its adjudicatory function at two levels – first in declining to evaluate prima facie at the interim stage in a petition for quashing the FIR as to whether an arguable case has been made out, and secondly, in declining interim bail, as a consequence of its failure to render a prima facie opinion on the first"

 SC said that The High Court has the power to protect citizens by an interim order in a petition invoking Art 226. 

This Judgement is strictly confined to whether the case for an interim grant was made out or not. This will not affect the final resolution for the issues raised before the High Court.

The bench constituted J. Dr Dhananjaya Y Chandrachud and J. Indira Banerjee

A detailed article for this judgement will follow soon! Stay tuned.

Download Full Judgement

{P.S.: The above article is based on Supreme Court Judgement dated 27/11/2020

(Source: https://main.sci.gov.in/) }