By Omkar Gokhale
The bench issued notices to the state government and asked Goswami to add informant Akshata Naik in the case as party to his plea and also asked to serve a copy of the plea to the Centre. The bench said it would also hear tomorrow a plea by Adnya Anvay Naik, daughter of late interior designer Anvay Naik, seeking reinvestigation of the A-summary report filed in connection with the FIR of her father’s suicide case.
Republic TV Editor-in-Chief Arnab Goswami, who has been sent to 14 days judicial custody in an 2018 abetment to suicide case, failed to get any interim relief from the Bombay High Court. The division bench of Justice S S Shinde and Justice M S Karnik, which was hearing the case, said it would will hear both the sides and pass an appropriate order tomorrow.
The case pertains to the death of interior designer Anvay Naik and his mother Kumud Naik at their bungalow in Alibaug in May 2018. As per police officials, the duo died by suicide over alleged non-payment of dues by Goswami’s television channel.
During hearing, senior counsel Aabad Ponda, appearing for Goswami, sought ad-interim release in urgency, including stay on investigation into the 2018 FIR and release of the Republic TV editor pending hearing of the case.
However, the court initially responded that it was not inclined to grant relief until notice was issued to respondents in case and they were entitled to raise contentions and proposed there were other remedies as per law. “We are ready to examine it (plea), but we will have to hear all petitions including that by an informant,” the court said.
Ponda submitted that a closure report on the FIR was filed in 2019, which was accepted by the magistrate on the same day and A-summary report was filed. It was not challenged in any court and there was no protest petition by informants and no remedy was exercised.
He said the police intervened suo motu without any judicial order or permission and reopened the case. “Manner in which it is done is completely shocking to a prudent person. Police cannot resurrect the dead case,” he said.
The court said it was ready to examine the case and give hearing to the parties to their “fullest satisfaction” and that respondents should get an opportunity to contest the case.
Thereafter, senior counsel Harish Salve, who also appeared for Goswami, sought ad-interim release in urgency, saying, “Will heavens fall in Maharashtra if he is released on interim bail? When liberties of a citizen are involved procedures sometimes have to be dealt with.”
Senior counsel Amit Desai and public prosecutor Deepak Thakare sought time to respond to the plea. “We will consider your arguments for ad-interim relief. Though in the beginning I said no ad-interim relief, we will hear it tomorrow,” Justice Shinde told Goswami’s lawyers.
Goswami, in his petition, sought quashing of the charges and questioned his ‘illegal arrest’ by Maharashtra Police on Wednesday in connection with the case.
The writ plea said the arrest was conducted in “blatant violation of the fundamental rights to life and personal liberty” of Goswami and his dignity guaranteed under Article 21 of the Constitution of India.
It added that the petitioner was “forced out” of his residence by around 20 officials of the Mumbai Police and was allegedly dragged into the vehicle, and assaulting Goswami’s son in the process.
“It is shocking that a case that was decisively closed has been reopened with the sole purpose of misusing power, concocting facts and forcefully arresting the petitioner ( Goswami) in a prima facie act of revenge and vengeance for his news coverage which questioned those in power in the State of Maharashtra,” the plea said.
It added: “The petitioner has been assaulted by the police and has been wrongly and illegally arrested in a motivated, false and closed case. This is another attempt of the political witch-hunt and vendetta politics against the petitioner and his channel.”
While challenging the FIR and objecting to reopening of the case, the plea said: “It now transpires that due to vendetta and personal animosity of the political dispensation in Maharashtra, respondent Mumbai Police commissioner Param Bir Singh and based on a video released by Akshata Naik, wife of the deceased, the case has been reopened which was earlier closed by the Chief Judicial Magistrate, Raigad on the basis of the closure report filed by the Alibaug Police.”
The plea also claimed that Goswami’s company, ARG Outlier Media Pvt Ltd, has paid over 90% of the amounts due to Anvay Naik’s company, Concorde Designs Pvt. Ltd. (CDPL) as per the terms of the contract.
The journalist said that he was not directly in contact with the late architect regarding any form of work concerned.
“As is the general practice in large organisations such as the one the Petitioner is associated with, day-to-day transactions such as payments to vendors etc. are handled by the finance department. It is unreasonable to expect that the petitioner, being at the position that he is, would be involved in these transactions,” the petition said.
Goswami alleged that due to the publicization and politicisation of issues and “pressure being mounted on police authorities,” he was “wrongly” and “illegally” arrested under the 2018 FIR.
“Apart from the fact that not even a prima facie case has been made out against the Petitioner, the nature of the Petitioner’s work is such that even one day’s absence will have a major impact on the Petitioner, his news channel and its employees, and the public at large,” it said.
In view of this, Goswami has sought that he be “immediately released” besides a stay on all further proceedings, including investigation into the FIR. The plea also urged that no coercive action be taken against him in respect of the FIR.
Stating that the petitioner was “illegally arrested” and “wrongfully detained” by the police despite the closure report, Goswami sought quashing of the FIR and setting aside of any order arising out of it.( Indian Express )
