Arnab Goswami has moved the Supreme Court challenging the Bombay High Court’s order dismissing his bail plea in the abetment to suicide case. The Bombay High Court on Tuesday had asked the Republic TV founder to approach the sessions court for bail. The Supreme Court Bench comprising Justices DY Chandrachud and Indira Banerjee will hear Goswami’s plea on Wednesday.
Curiously, Goswami’s plea in the Supreme Court has come on the day the sessions court in Alibaug is hearing the revision application filed by the Raigad Police challenging the CJM court’s order denying police custody of the controversial anchor. Goswami is currently being kept inside Navi Mumbai’s Taloja Jail. The CJM court on 6 November had allowed the police to interrogate Goswami for three hours every day inside the jail.
Goswami’s plea, according to the Livelaw website, read, “There is an error apparent on the face of the record in as much as the impugned order dated 9 November 2020 records that – There is no dispute that as on the date of filing of the petition, there was already an order of the jurisdictional Magistrate for remand of the petitioner in custody. – and proceeds to deal with the matter based on this erroneous understanding. The Hon’ble High Court has failed to appreciate that the arrest of the Petitioner on the morning of 4 November at around 7:45 A.M. in connection with the FIR No. 59 of 2018, was illegal, mala-fide and politically motivated, malicious and without due course to the process of law.”
The Bombay High Court Bench comprising Justices SS Shinde and MS Karnik had said in its order while rejecting Goswami’s plea
for interim bail, “Petitioner has an alternate and efficacious remedy under section 439 of the Code of Criminal Procedure to apply for regular bail. At the time of concluding the hearing of Applications, we had made it clear that if the petitioner, if so advised, to apply for regular bail under section 439 of the Code of Criminal Procedure before the concerned Court, then, in that case, we have directed the concerned Court to decide the said application within four days from filing of the same.”
Goswami was arrested from his Worli residence on 4 November before being produced at a local court in Alibaug the same day. The court sent him to 14 days of judicial custody. However, the Republic TV founder was shifted to Taloja Jail after authorities alleged that he was found to be using a mobile phone inside his judicial custody. His wife denied the allegations.