Abad Ponda says that order of State Government says "re-investigation". Govt has no power to order reinvestigation. Only the Court can order re-investigation.
7 Nov 2020 5:51 PM IST
Harish Salve : Alternate remedies do not exclude the jurisdiction of this court.
This is a fit case for ad-interim bail.
Salve concludes.
7 Nov 2020 5:50 PM IST
Harish Salve : For abetment to suicide, I showed judgment. Of course, they were post-conviction judgments. But the principle of law remains.
7 Nov 2020 5:50 PM IST
Harish Salve : Mr Gupte's client (Naik family) will have to explain what they were doing between April 2019 and now.
Also, the death of the mother of Anvay Naik is a bit of a question mark
7 Nov 2020 5:46 PM IST
Harish Salve : If under Article 32 bail can be granted, bail can be granted under Article 226.
7 Nov 2020 5:45 PM IST
Harish Salve : If the question to be asked is if the Court has power, the answer is yes. The writ petition is based on a case of "malice in fact" by the State.
7 Nov 2020 5:43 PM IST
Harish Salve : The very same argument that habeas was not maintainable was raised there. The Supreme Court did not accept it and ordered the relaese of Prashant Kanojia who was remanded to custody.
7 Nov 2020 5:43 PM IST
Haris Salve : The very same argument that habeas was not maintainable was raised there. The Supreme Court did not accept it and ordered the relaese of Prashant Kanojia who was remanded to custody.
7 Nov 2020 5:42 PM IST
Harish Salve refers to the Jagisha Arora's habeas case where the Supreme Court ordered the release of Prashant Kanojia from custody last year.
7 Nov 2020 5:41 PM IST
Harish Salve : Can the Court grant relief? Yes, as per the case referred by Mr. Desai.