Arnab Goswami will have to spend another night in judicial custody as the Bombay High Court deferred the hearing till Saturday. The Bench of Justices SS Shinde and MS Karnik said that it will hear the other party in the case.
Harish Salve made passionate arguments seeking immediate bail for Arnab Goswami reminding the high court that his client was in jail. However, the lawyer representing the police said they had challenged the Chief Judicial Magistrate’s order refusing to grant them Goswami’s police custody.
This was after Salve stated that the CJM had made adverse comments against the police and called Goswami’s arrest illegal. Justice Shinde asked another lawyer representing Goswami, “Has the order of the CJM been challenged?” Abad Ponda, according to Livelaw, replied, “They have filed a revision against denial of police custody. The factual conclusions remain.” Countering Ponda’s argument, the complainant’s lawyer said, “The entire order is under challenge.”
Salve interrupted to say, “I accept the entire order is under challenge. So What? It does not affect this court’s power.”
— Live Law (@LiveLawIndia) November 6, 2020
Referring to Justice Shinde’s remarks on Thursday that he will take up matter after Diwali, Salve said, “What is going to happen between now and after Diwali?”
Justice Shinde said that there was a decision by Justice Khanwilkar(when he was in Bombay HC) that habeas will not lie against remand order.He added, “The Chief Justice is the master of the roster. There are rules of allocation of business.” A desperate Salve said, “I am saying something else. I am saying the “Court” has the power. Even under 226, the Court can grant bail.”
Justice Shinde said that he will the matter tomorrow since it was not possible to hear the other side. He said, “We assure. We will hear all parties. We won’t do anything without hearing everyone.”
Salve, who’s in London, requested the court to resume the hearing at 12 noon instead of 11 AM due to the five-and-a-half-hour time difference.
Goswami has had to spend second night in judicial custody after he was arrested by from his residence in connection with the abetment of suicide case. A local court in Al;ibaug had sent him to judicial custody until 18 November.