#ArnabGoswami was recently arrested on 04-11-2020 at 7.45 AM in connection with FIR CR. No. 0059 of 2018 dated 05-05-2018 which was registered at #Alibaug Police Station, Raigarh under Sections 306 and 34 of the Indian Penal Code 1860 (#IPC). Section 306 IPC deals with #Abetment of #Suicide and the #punishment for the said Offence is 10 (ten) years and fine. Section 34 IPC deals with acts done by several persons in furtherance of common intention.
Arnab Goswami was a named Accused in the FIR CR. No. 0059 of 2018. As per the said FIR which was lodged by the daughter of the Deceased Anvay Naik, an Interior Designer and his mother Late Kumud Naik, they had committed suicide. It is alleged that the suicide was prompted due to non-payment of dues of Rs 5.40 Crore by Arnab Goswami and two others.
The investigation into the said FIR CR. No. 0059 of 2018 was closed and the Summary Report submitted by the Police was accepted by the Chief Judicial Magistrate, Alibaug on 16-04-2019. It is therefore most unusual that in a case that has been closed and there is no judicial order directing reopening of the matter/re-investigation of the matter or directing further investigation of the matter, how Arnab Goswami got arrested.
The mode and method used by the Police in the arrest of Arnab also seems to be a violation of his legal rights. It appears that he has been manhandled and physically assaulted by Police Officials and was physically dragged and taken into custody. These events are borne out in a Video Footage that was taken at the time of his arrest and can be viewed on https://youtu.be/69MrVE_6hKc
Arnab Goswami has challenged the aforesaid arrest in a Writ Petition before the Bombay High Court and sought Bail in the said FIR CR. No. 0059 of 2018. In this Writ Petition he has alleged illegal detention and wrongful custody by the Mumbai Police and has sought a stay in the proceedings including the investigation in FIR CR. No. 0059 of 2018.
Arnab’s Bail Application is currently before the Bombay High Court and pending the disposal of his Bail Application, he will be in judicial custody. He is lucky that he was remanded to judicial custody and not police custody, taking into consideration the way he was manhandled by the Mumbai Police during his arrest.
It seems the media giants who always consider themselves above the law are not really above the law. Arnab’s case being an example.
Sushila Ram Varma
The Indian Lawyer & Allied Services