SC Tells HCs To Protect Liberty, Slams States

  • 12-Nov-2020
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Stating that the Bombay High Court “was in error” in rejecting the interim bail applications of Republic TV editor-in-chief Arnab Goswami and two others arrested in an alleged abetment to suicide case, the Supreme Court Wednesday granted them interim bail amid objections from the Maharashtra government.
Asking every High Court to “exercise your jurisdiction to protect human liberty… the ultimate reason for our existence as constitutional courts,” the vacation bench of Justices D Y Chandrachud and Indira Banerjee pulled up state governments for going after individuals who don’t agree with them.
Critical of the Maharashtra government over its handling of the case involving Goswami and two others, the bench said, “If this is what our state governments will do to people who have to be nailed, I think the Supreme Court has to be here for every citizen.”
“We are of the considered view that the High Court was in error in rejecting the applications for the grant of interim bail. We accordingly order and direct that Arnab Manoranjan Goswami, Feroz Mohammad Shaikh and Neetish Sarda shall be released on interim bail, subject to each of them executing a personal bond in the amount of Rs 50,000 to be executed before the Jail Superintendent.”
“They are, however, directed to cooperate in the investigation and shall not make any attempt to interfere with the ongoing investigation or with the witnesses. The concerned jail authorities and the Superintendent of Police, Raigad are directed to ensure that this order is complied with forthwith,” the bench said.


On Monday, the Bombay High Court had rejected pleas of Goswami, Shaikh and Sarda, and said they could move applications for interim bail before a sessions court for a decision within four days.
“If this court were not to interfere today, we are proceeding on a path of destruction of personal liberty,” Justice Chandrachud said.

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