The verdict by SC on Arnab's bail application and the reasoning for it should worry all Indians. We may not understand its ramifications today, but in due course of time, we will understand what it means for the average citizen on the ground. The double speak and behaviour of the SC is appalling.
Objection 1 - Thousands of under trials are languishing in jails for years without even as much as a hearing. For their case / appeal to come up for hearing in SC takes years. Just recently, a Kashmiri brother was released after 24 years in prison on a charge that was baseless and thrown out by SC. As I learn, the case came up in SC after a good five years and another five or so to be dismissed. However, Arnab Goswami is able to get a hearing within 24 hours and bail within another 24 hours. The SC usurped the right of HC and Sessions Court to look into the matter. If this is going to be the trend, then Hight Courts and Sessions Court have been rendered useless.
Objection 2 - The complainant's family it seems did not appeal early enough against the closure of the case in 2019 and hence the SC deems it fit to go with the accused on this case. Lets picture a situation ... two members of the Anvay Naik family die by suicide. His mother is the director of the company and he is the one practically running it. The remaining family members suddenly have to grapple with a lot of things - the grief surrounding deaths in the family, immediate priorities after death like company management, handling creditors etc. The police of that time does not deem it fit to inform them about the closure so that they can challenge the closure. When they finally realise obviously in the given situation, some time has passed. The SC and even the earlier government is using this as an excuse against the validity of reopening the case.
Objection 3 - The lawyer for Arnab, Harish Salve is arguing that of the total amount of 5 crores, 83 lacs was unpaid. It obviously caused financial distress but there is no link between that and abetment to suicide. The SC also seems to concur with this argument. Obviously, SC does not understand that people with shame and self respect will never like the idea of being chased by creditors or hiding from them. They would prefer death than having to avoid day to day hassles of creditors. If you find this unbelievable, look at farmer suicides in the country. Farmers commit suicide rather than facing creditors for measly sums of 25000 rupees.
Objection 4 - The Supreme Court also talks about personal liberty of Arnab Goswami but in the same breath disrespects the personal liberty of hundreds of others. Lets look at a few examples:
a) Stan Swamy - 83 old, Parkinsons affected in prison as he worked for tribal upliftment and informed them about their genuine rights within the constitution that were being trampled upon.
b) Kaapan Siddique - Journalist from Kerala arrested on flimsy charges more than five weeks ago, only for going towards Haathras to cover the story of the rape victim. His case is being shunted from court to court and his bail application will now be taken up after 4 weeks by the local court. This on a day when the SC takes Arnab's application out of turn within 24 hours
c) Safoora Zargar - A lady in advanced stage of pregnancy was imprisoned for almost seven to eight weeks only because she chose to use her democratic right of protesting against an unfair CAA / NRC law. It took tremendous public backlash and vociferous protests to even get her out on bail.
d) Kafeel Khan - A conscientious doctor who used his personal funds for saving children in Gorakhpur was slapped with a draconian NSA act as his acts apparently showed a UP government in bad light. He spent almost a year in jail.
Today, Justice Chandrachud may have used the law to release Arnab Goswami. Surprised that he did not deem it fit to use the law in all the above cases. To even say that I am ashamed of Supreme Court of India is an understatement.
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