Arnab Goswami's Habeas Plea Against His Arrest In 2018 Abetment To Suicide Case -LIVE UPDATES From Bombay High Court
"In the light of these facts, coupled with the fact that the suicide note made definite allegation against accused, HC was not justified in entering into question whether accused had intention to aid or instigate or abate the commission of suicide" - Desai quotes from judgment.
Desai for State referring to SC decision in "Narayan Malhari Thorat vs Vinayak Deorao Bhagat", where the SC criticized the HC for quashing an abetment to suicide case where the name of the accused was in the suicide note.
So prima facie the investigation cannot be stayed. If there is a suicide note with names of persons, it is a matter to be investigated : Desai for State
The investigation cannot be brought to a standstill when it is under progress. The govt and the police felt that there is a need for further investigation : Desai for State
Petitioner has rights. Also, the victim has rights. It is the duty of the State to balance the rights of the victim and the accused : Desai for State
From February, the victim(Adnya Naik) has been knocking on the doors for justice. The victim discovered the closure report only in Twitter : Desai for State
Today the State is in the process of collecting evidence. Article 14 applies to the victim as well. Victim also a fundamental right to seek fair and complete investigation : Desai for State
The question of FIR not disclosing offence not relevant for interim release as they have not challenged the judicial order of remand : Desai for State
Questions of quashing FIR for not disclosing offence, question of illegal arrest and question of detention are different : Desai for State
Arrest happens before a person is produced before the Magistrate. The moment your "illegal arrest" has resulted in a judicial remand, the question of arrest is not relevant later. Issue of arrest is distinct from issue of custody : Desai for State