oppn parties Freedom For Arnab: SC Says Bombay HC Erred In Denying Bail

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  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Freedom For Arnab: SC Says Bombay HC Erred In Denying Bail

By Sunil Garodia
First publised on 2020-11-12 11:51:18

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Finally, it took the sagacity of the Supreme Court to recognize that the arrest and the subsequent denial of bail to Arnab Goswami was not correct. The apex court granted interim bail to the TV anchor while making it clear that it will not pass any observations on the validity of the probe against him.

This is the correct stand. No one is questioning the probe. What is being questioned is whether a case in which a closure report was allowed by a competent court in 2018 was reopened as per law. Whether any new evidence had surfaced to call for the reopening of the case and whether, based on that evidence, the police had taken permission from a competent court to reopen the case.

The next thing that is being questioned is why the Raigad and Mumbai police display unnecessary haste in arresting Goswami and the other two named in the suicide note. The correct procedure should have been to summon them for questioning first. Any arrests, if at all necessary in such a case, would have come at a much later stage.

Finally, displaying an utter disregard for the maxim "bail, not jail" the Bombay High Court refused to grant bail to Goswami after protracted hearings. The Supreme Court has clearly said that it was erroneous on part of the High Court to deny bail. Saying that arresting the accused in such cases would have wider ramifications, the apex court observed that even if the allegation of "active incitement" in the abetment of suicide was true, the court asked "is it not a travesty of justice to deny bail during the pendency of trial?"

The Supreme Court judgment and the observations it made will perhaps have a sobering effect on the police and their political masters. Personal liberty of the accused during the pendency of trial is a legal right which cannot be denied. Arrests have to be made when absolutely necessary and courts should grant bail as a matter of right except in cases where the prosecution can prove that the accused is not cooperating, is hostile and may tamper with evidence or threaten witnesses. Even in that case, the court has the discretion to grant bail with stringent conditions.

Now, the sessions court and the Bombay High Court must examine whether due process was followed in reopening the case. It must question the police on the need for the same since a closure report had been filed earlier. It should also question the police about the need to arrest the accused. It must examine if there was "active incitement", as highlighted by the apex court, without which the abetment to suicide case has little chance of holding good. If this is a politically-motivated case, as it now seems to be, strict action must be taken against the bureaucrats and police officers who did their political masters' bidding and the court must warn the government against such misadventures.