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

Rohatgi : If a man kills himself saying the High Court adjourned his case for 10 years, should the judge be arrested?

Rohatgi : Remand order of CJM says arrest is illegal. I must say CJM is bold. But he succumbed to judicial custody. The HC says it will not look into CJM order becasue revision is pending! This was a fit case for habeas.

Rohatgi submits in CrPC there is no concept of 'A Summary' 'B Summary' etc. Only closure report.

Justice Chandrachud observes he cannot accept the position that police cannot investigate further in a case of A Summary. 

Justice Chandrachud : A Summary is filed in a case where there is offence, but police has not traced evidence. Does the A Summary deprive the police of the power to investigate?

Justice #Chandrachud asks if the 'A Summary' is set aside in the writ petition filed by Adnya Naik, what will happen?

Harish Salve : That is why we submit don't jump the gun. Why the arrest before the A summary is set aside?

Rohatgi : Even for further investigation, permission of Magistrate is needed. Our case is of a 'fresh investigation' which needs an order of a higher court.

Rohatgi : Once there is a closure, there cannot be 'further investigation' and there can be only 'fresh' or 're-investigation' which can be only on the order of a court. That is the legal position.

Rohatgi now referring to the decision in 'Vinu Bhai' to say that nod from Magistrate is needed for further investigation.

Rohatgi : My clinet(Niteesh Sarda) has been caught in the cross-fire between the government and Arnab Goswami