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.

Disclaimer: This post has not been edited by our staff and is published from a syndicated feed. The Original Source of this post can be found at Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest

Karnataka Yakshagana Academy chairman M.A. Hegde passes away

The 73-year-old scholar, who was also a Talamaddale ‘arthadari’ and Yakshagana artiste, had written at least 15 Yakshagana ‘prasangas’....

Karnataka bypolls | Turnout up in Maski, down in other two...

Barring a few instances of boycott and an overarching presence of the pandemic, polling for the byelections to the Belagavi Lok Sabha constituency and...

BTS’ ‘Dynamite’ creates new records at Guinness World Records

BTS’s track “Dynamite” is unstoppable. As if creating three records at the Guinness World Records wasn’t enough, the Grammy-nominated song has marked two new...

Polling for Pipili by-election on May 13, says official

Though the notification in this regard is yet to be published, only the Congress party will be allowed to replace its candidate, the official...

More Articles