Arnab Goswami's Habeas Corpus Plea Against His Arrest - Live-Updates From Bombay High Court

Justice Shinde : The petition by the original complainant is also listed today. That also needs to be heard.

Ponda : They(Naik family) should have gone back to the Magistrate.

The complainants now seek re-investigation. By their own admission, they also realize that the closure order needs to be set aside : Ponda.

A party cannot consider an order as invalid. A judicial order, even if void or voidable, remains valid until it is set aside by a superior forum. So the closure order remains : Ponda.

The question that arises does the "A" summery order remain today or not. If it remains, the case is dead, and the police cannot resurrect it : Ponda.

Can the police review an order passed by the Magistrate closing the case?

The complainant has not filed any protest petition : Ponda.

The police served only an intimation to the Magistrate on October 15, 2020, about reopening the case.

The Court does not grant them permission. It records "seen and filed". There was no permission. No nod for further investigation : Ponda

Now Ponda resumes submissions.

The 'A Summary' is like a nail in the coffin, which has to be removed through appropriate order. Police re-opening investigation shows scant respect for the Magistrate : Ponda.

Salve : Please release this man as an ad-interim measure and hear the case in detail later.

Justice Shinde says he will give reasons for not granting ad-interim relief. Adds that the bench will hear the petition on re-opening date.

Salve : This is an issue of liberty of a citizen. He is a journalist. Will heavens fall if he is given interim release? I don't understand, with due respect.

Now Harish Salve makes submissions.