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January 20, 2021
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Bombay HC orders likely today on Arnab Goswami’s Plea against arrest

The Bombay High Court on Monday is likely to pass orders on Arnab Goswami’s petition against the reopening of the 2018 abetment to suicide case against him and his arrest. The court had said that the Republic TV Promoter was free to seek bail in the sessions court during an earlier hearing.

“We can’t pass any order today. Meanwhile, we will clarify that the pendency of the petition will not bar the petitioner from approaching the sessions court for bail and if such an application is filed, it should be decided within four days,” the court said on Saturday.

If the Bombay High Court passes an order in his favor, Arnab Goswami will be released from jail. Else he will have to get bail from the sessions court. Until then Arnab will remain in jail.

Arnab Goswami was picked up from his Mumbai home on Wednesday with the police claiming to have found new evidence in the 2018 suicide case. He was initially lodged in a local (Zilla Parishad) school which had been turned into a quarantine center for prisoners but later he was moved to the Taloja Jail on Sunday.

The police, despite arresting from his residence, did not get custody after a magistrate’s court sent him to judicial custody. The police have now challenged Chief Judicial Magistrate’s order in the sessions court in Raigad district saying that police custody is necessary for investigation.   

On the other hand, Goswami’s lawyers— senior lawyer Harish Salve and Abad Ponda, have argued that the police have not met the legal requirement of getting consent from a court for reopening the case, which led to his arrest. They said the arrest and the reopening of the case are “illegal”.

To this, advocate Amit Desai, who appeared for the Maharashtra government, argued: “Arrest happens before a person is produced before the Magistrate. The moment your illegal arrest has resulted in judicial remand, the question of arrest is not relevant later.”

Naik’s family had appealed to the government saying the probe had been derailed and the government ordered a re-examination of the case.

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