Personal Liberty upheld – Criminal law should not be a tool to suppress the citizens, Supreme Court

    “Deprivation of Liberty for a single day is a day too many…”

    – The Hon’ble Supreme Court in Arnab Manoranjan Goswami v. State of Maharashtra

    The Hon’ble Supreme Court delivered a judgement by a bench of Justices DY Chandrachud and Indira Banerjee, pronouncing a verdict that, prima facie, it could not be held that Republic TV Editor-in-Chief Arnab Goswami had abetted the suicide of Anvay Naik.

    The Hon’ble bench lamented that the High Court in a 56 lengthy judgement had failed to evaluate the FIR to establish even a prime facie case of Section 306 of Indian Penal Code, thus resigned from the constitutional duty as a protector of individual liberty. The bench further noted that that High Court wasn’t able to see the underlying malice to target Goswami since April 2020.

    The judgement stated that it is the duty of courts across the spectrum to ensure that the criminal law does not become a weapon for selectively harassing the citizens and called upon all courts to strive and safeguard personal liberty of citizens.

    On 11th November 2020 the division bench ordered interim relief of Arnab Goswami and 2 other accused, who were kept in judicial custody in an alleged 2018 abetment to suicide case, on a bond of Rs. 50,000 and held that the Bombay High Court was incorrect in denying interim bail.

    ~ Abhishek Roy