[Breaking] "If State Govts Targets Individual They Must Realise That SC is Here To Protect Them": Supreme Court Grants Interim Bail To Arnab Goswami

Desai : Your lordships indicated that investigation is not to be stayed. That means powers under Chapter 12 of CrPC are available to police to investigate. Power of arrest is a facet of investigation. 

Desai referring to 'State of Telangana Vs. Habib Abdullah

Jeelani' decision of SC to say that when there is an alternate remedy of bail, writ petition should not be entertained.

Amit Desai : State has power to investigate. Power of State and Court to order investigate are different. All decisions cited by petitioners refer to power of courts.

Refers to 'Nirmal Singh Kahlon vs State Of Punjab' decision.

Sibal : The case diary, investigation papers are not before this court. They are in the Sessions Court. Why should the SC now decide to grant bail looking at the FIR?

Sibal : Wait till day after tomorrow. If he(#ArnabGoswami) is not getting relief, let him file an application here.

Sibal : Why do you presume that the Sessions Court will not pass an order which is fair and just? Final decision is coming tomorrow.

Sibal : The argument on 're-investigation' is meanignless because the 154(Sec 154 CrPC) investigation is not complete.

Sibal : When you do not discover the accused, there cannot be a closure report. Closure report is filed when the investigation is thorough & complete. This is not that case. In closure report, offence is not discovered. In A Summary, offence is there but accused not discovered.

Sibal : Now investigation is going on. Remand is ordered. Now the Court cannot tell that read the FIR and see if offence made out to grant bail.

Sibal : How do you decide intention in a suicide case? Only on facts and evidence.

This cannot be a principle that the Court will grant bail just reading the FIR.