Arnab's Arrest: 'Victim's rights as important as accused's rights'

The Bombay High Court on Monday rejected TV news anchor Arnab Goswamis habeas corpus plea seeking interim relief in the abetment to suicide case and observed that the victims rights are as important as that of the accused The HC has asked Goswami to approach the Alibaug sessions court for regular bail which it said should be decided within four daysThe Republic TV EditorinChief has approached the sessions court via his lawyers Goswami has been arrested in connection with the suicide of interior designer Anvay Naik 53 and his mother Kumud Naik in 2018 and is currently lodged at Taloja Central JailThe court also observed that the reopening of the case by the Crime Branch of Raigad police cannot be termed illegal The Alibaug chief judicial magistrate CJM had in its order rejecting the remand of Goswami said the arrest of the journalist and other accused prima facie appears illegal as approval was not taken from the court before reopening the caseDue process followedWe find that before carrying out the said investigation the magistrate was intimated about the further investigation Thereafter even the statements were recorded under Section 164 of the CrPC after obtaining permission from CJM In our opinion the further investigation cannot be termed as illegal the court order statedThe HC also referred to the case of State of Andhra Pradesh vs A S Peter supra and said that in the context of Section 173 of CrPC the law does not mandate taking prior permission of the magistrate for further probe A distinction also exists between further investigation and reinvestigation It is observed that whereas reinvestigation without prior permission is necessarily forbidden further investigation is notFamily not given chanceThe Bombay HC also noted that the victims family was not given an opportunity to file a protest petition after police filed the closure report in the form of A summary The fact that the magistrate did not give notice and opportunity to the first informant to file a protest petition before accepting the closure report goes to the root of the matter Therefore the continuous persuasion of the state government by the informant for redressal of her grievance since her two family members had died by suicide and in the aforesaid background the concerned investigating officer after intimating the magistrate commences the further investigation cannot be said to be irregular or illegal by any stretch of imagination The victims rights are as important as that of the accusedPolice take Arnab Goswami to Alibaug court after arresting him on November 4 PICATUL KAMBLEWe cannot accept the contention of the petitioner Arnab Goswami that there cannot be further investigation when the order passed by the Magistrate accepting the sA summary was without notice and opportunity to the informant for filing the protest petition the HC order statedThe court added It is relevant to mention that the informant has also filed a petition making serious allegations against the then investigating officer who filed A summary before the jurisdictional magistrate without informing and giving notice to the informantSuspend former IOThe former investigating officer in the case Suresh Varade is currently posted as the senior inspector at Virar police stationInspector General Konkan Sanjay Mohite who has ordered departmental inquiry against Varade after finding loopholes in his investigation into the suicide case has written to Mira Bhayandar Commissioner Sadanand Date to suspend him till the enquiry is on However Date has not made a decision yetCops get interrogation nodMeanwhile the CJM court which had initially rejected the remand application has allowed the Raigad polices Crime Branch to interrogate Goswami inside the prison for three hours every dayThe Alibaug sessions court on Monday heard the revision plea filed by Alibaug police challenging the CJM courts rejection to remand application and adjourned the matter for further hearing on TuesdayKeep scrolling to read more newsCatch up on all the latest Mumbai news crime news current affairs and a complete guide from food to things to do and events across Mumbai Also download the new midday Android and iOS apps to get latest updates MidDay is now on Telegram Click here to join our channel middayinfomedialtd and stay updated with the latest news