Alibaug Court allows police team to interrogate Arnab Goswami for 3 hours daily, writes Anand Debsharma

Nov. 9: In more trouble for Arnab Goswami, the Chief Judicial Magistrate (CJM), Alibaug Court on last Friday allowed police to question him for three hours every day at Taloja Central Jail in connection with Anvay Naik abetment to suicide case. The police had sought leave from the Chief Judicial Magistrate to interrogate Goswami in Taloja jail where he is presently held after he was remanded to judicial custody for two weeks by the Magistrate. Goswami has been in judicial custody since November 4 following his arrest in relation to a case concerning the suicide of interior designer Anvay Naik in 2018.

On the other hand, one interim application was filed by Arnab Goswami on 05/11/2020 Vide Interim Application No(ST) 4278 of 2020 in his original Criminal Writ Petition (ST) No.4132 of 2020. In this interim application, the Bombay High Court today held that no case is made out for Arnab Goswami’s release under its extraordinary writ jurisdiction, thereby rejecting the interim application moved by the Republic TV Editor-in-Chief before it in the Anvay Naik suicide case. The High Court also observed that the victim’s rights are equally important as the rights of accused.

The High Court also took critical note that the “A summary” report filed by the police in 2019 to close the Anvay Naik suicide case, was accepted by the Magistrate without intimating the same to the informant i.e. Akshata Naik, Anvay Naik’s wife. This was also noted as a reason to reject the plea for staying the re-investigation at this stage.

But the Mumbai High court by its 56 pages and 74 paragraphs order dated 9th November also clarified that – the remedy of the petitioner (Arnab Goswami) to apply for bail under section 439 of the Cr. PC shall remain unaffected and rejection of Interim Application shall not be construed as an impediment to the applicant – petitioner to avail the said remedy.

A division bench of Justices SS Shinde and MS Karnik of Mumbai High Court noted in paragraph 59 of the order dated 9 November- “We find that before carrying out the said investigation, the Magistrate was intimated about the further investigation. Thereafter, even the statements are recorded under section 164 of the Code of Criminal Procedure after obtaining permission from Chief Judicial Magistrate. In our opinion, the further investigation cannot be termed as illegal and without seeking permission of the Magistrate. The same is in consonance with the power conferred by section 173 (8) of Code of Criminal Procedure.”

The Mumbai High Court has posted the original writ petition (ST) No.4132 of 2020 for further hearing on December 10.