No flight risk, can’t tamper evidence: Supreme Court details why it granted bail to Arnab Goswami

The Supreme Court of Friday said journalist Arnab Goswami’s interim bail in the abetment to suicide case, which was granted to Goswami on November 11, shall be operative for another four weeks.

The bench of Justices DY Chandrachud and Indira Banerjee passed an order detailing the reasons why Goswami was granted bail on November 11 after he spent a week in judicial custody following his arrest in the abetment to suicide of architect Anvay Naik and his mother.

Justice Chandrachud said it could not be said appellants had abetted the suicide of the head of the architectural firm. “If the HC was carrying a prima facie evaluation, then it could not have seen that there was no nexus between FIR and Section 306 IPC,” Justice Chandrachud said.

“It needs to be sent whether the accused can tamper evidence, or whether accused can flee, or whether ingredients of offence is made out along with interests of state. These principles have emerged over time. Here the case is about liberty of a citizen,” he said.

“The appellants are residents of India and don’t pose flight risk or can they tamper evidence. We have also added a section on Human liberty and role of Courts: Section 482 recognizes powers of the HC to give effect to other provisions of CrPC. Due enforcement of criminal law cannot be obstructed by accused opting strategies and the court must be circumspect in exercising powers under Section 482 CrPC,” he added.

Quoting Justice Krishna Iyer that bail is rule and jail is exception, Justice Chandrachud said doors of courts cannot be closed in such cases and courts should remain open for all cases of deprivation of personal liberty and such deprivation cannot be even for one day.

“Our courts should exhibit acute awareness to the need to dispense Justice in cases of personal liberty. The interim order shall remain in operation till further proceedings and it will be open to them to peruse further remedy,” Justice Chandrachud said.

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