New Delhi: In a scathing remark to the Maharashtra government, the Supreme Court on Wednesday asked “..is this is what our state governments will do to those who have to be nailed…?
While granting bail to Arnab Goswami, the Editor-In-Chief of Republic TV, Justice DY Chandrachud said, “Don’t watch the channel of you don’t like. Left to myself I will not watch… If state govt’s target individuals in this manner, let’s send out a message that SC is there.”
As per a report published in The Indian Express, Justice Chandrachud said, “If this court were not to interfere today, we are travelling on a path of destruction of personal liberty undeniably.”
He further said that India’s democracy is extraordinarily resilient and Maharashtra government must ignore all this (Arnab’s taunts on TV).
As per advocate Harish Salve, who appeared before the Supreme Court for Goswami, Maharashtra Police seeking custodial interrogation of Goswami was nothing but a smokescreen to teach him a lesson.
Salve also said the case against Goswami did not stand the test of basic elements required to establish an offence of abetment to suicide under Section 306 of IPC. “If a person commits suicide in Maharashtra & blames govt, will CM be arrested? Need to apply proximity test to prove abetment to suicide case,” he said.
In a major message to the High Courts across the country, Justice Chandrachud said, "We must send a message today to the High Courts as well. Please exercise your jurisdiction to uphold personal liberty! Case after case, High courts are denying personal liberty. If we as a constitutional court do not lay down law and protect liberty then who will?" Moreover, the Court observed that the Bombay High Court wrote a 50+ page order but has not dealt with the ingredients of the offence.
The SC asked, "If money is owed to a person, is that a case of Abetment to suicide?" Highlighting personal liberty, the top Court further asked, "Assuming the FIR is the gospel truth and that's a matter of investigation but is not paying up money Abetment to suicide? It will be a Travesty of justice if bail is not granted while FIR is pending?"
(With Agency Inputs)