Gupte submits that the closure of the case was not informed to the complainant, a lady who lost her husband. She got to know about it months later only from media.
7 Nov 2020 5:04 PM IST
Arnab Goswami is under custody after a judicial remand order. Which one of the respondents has kept Goswami under illegal custody? Gupte submits highlighting that the CJM Alibag is not a respondent in the habeas petition.
7 Nov 2020 5:03 PM IST
The bench now hearing Senior Advocate Sirish Gupte for victim's family.
"The petitioners did not think of making the victim a respondent. We were added only after this Court's direction", Gupte says.
7 Nov 2020 5:02 PM IST
Kamat makes an interjection for deletion of name of Parambhir Singh as party respondent.
Salve objects. "This habit of head butting arguments is not good", Salve says.
7 Nov 2020 4:59 PM IST
Desai winds up the arguments. Thanks the judges for patient hearing.
7 Nov 2020 4:58 PM IST
Floodgates of the judicial system, which is already creaking, will creak further, if such applications are entertained : Desai for State.
7 Nov 2020 4:57 PM IST
Desai for State winds up the arguments :
1. Habeas not maintainable.
2. Bail application is right remedy.
3. Law permits the reopening of investigation.
4. No fit case for interim remedy. Remand order not challenged.
7 Nov 2020 4:48 PM IST
Desai : In Para 17, the Magistrate says that the objections raised by the lawyers of the accused which are recorded in paragraph 16 are irrelevant.
7 Nov 2020 4:47 PM IST
Desai : Magistrate has not come to the conclusion that the arrest is illegal. That argument is made by misinterpreting the order. Para 17 of the Order makes that clear. Petitioners read only Para 16.
7 Nov 2020 4:44 PM IST
Harish Salve's arguments of malice are therefore baseless. To suggest the investigation is "patently illegal" is wholly baseless : Desai for State.