Courts Must Ensure That Criminal Law Does Not Become A Weapon For Selective Harassment Of Citizens: SC In Arnab Goswami Judgment

first_imgTop StoriesCourts Must Ensure That Criminal Law Does Not Become A Weapon For Selective Harassment Of Citizens: SC In Arnab Goswami Judgment Sanya Talwar26 Nov 2020 11:06 PMShare This – xThe Supreme Court while pronounsing a detailed reasoning behind the grant of release of Arnab Goswami has observed that that “criminal law should not become a tool for selective harassment of citizens”.The judgment was pronounced by a Bench of Justices DY Chandrachud and Indira Banerjee today and the court remarked,”Deprivation of Liberty for a single day is a day too many.. “- Supreme…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court while pronounsing a detailed reasoning behind the grant of release of Arnab Goswami has observed that that “criminal law should not become a tool for selective harassment of citizens”.The judgment was pronounced by a Bench of Justices DY Chandrachud and Indira Banerjee today and the court remarked,”Deprivation of Liberty for a single day is a day too many.. “- Supreme CourtThe bench noted that the interim orders shall remain in operation till further proceedings and it will be open to the parties to peruse further remedy. The bench, while elaborating on the importance of human liberty and the role of courts therein added that the case of Goswami was that he had been targeted because his opinions on television are palatable to the authority.In this context, court said that whether the appellant has established a case for quashing the FIR is something on which the High Court will take a final view when the proceedings are listed before it, but we are clearly of the view that in failing to make even a prima facie evaluation of the FIR, the High Court abdicated its constitutional duty and function as a protector of liberty.Highlighting that the High Court did have the power to protect the citizen by interim order in the petition invoking Article 226, the bench added,”Courts must be alive to the need to safeguard the public interest in ensuring that the due enforcement of criminal law is not obstructed. The fair investigation of crime is an aid to it. Equally it is the duty of courts across the spectrum – the district judiciary, the High Courts and the Supreme Court – to ensure that the criminal law does not become a weapon for the selective harassment of citizens. Courts should be alive to both ends of the spectrum – the need to ensure the proper enforcement of criminal law on the one hand and the need, on the other, of ensuring that the law does not become a ruse for targeted harassment”Further justifying the role of courts in guaranteeing fundamental rights to its citizens, the bench stated that our courts must ensure that they continue to remain the first line of defense against the deprivation of the liberty of citizens.The Justice Chandrachud led bench relied on celebrated judgment in State of Rajasthan, Jaipur vs Balchand, and added that in the case, Justice Krishna Iyer pithily reminded us that the basic rule of our criminal justice system is bail, not jail.”The High Courts and Courts in the district judiciary of India must enforce this principle in practice, and not forego that duty, leaving this Court to intervene at all times. We must in particular also emphasise the role of the district judiciary, which provides the first point of interface to the citizen, the bench said.”The consequence for those who suffer incarceration are serious. Common citizens without the means or resources to move the High Courts or this Court languish as undertrials. Courts must be alive to the situation as it prevails on the ground – in the jails and police stations where human dignity has no protector…. The remedy of bail is a solemn expression of humaneness in the justice system. We have given expression to our anguish in the case where the citizen has approached the Court”- Supreme CourtCourt also elaborated on the “Bail is Rule and Jail is the exception” established by Justice Krishna Iyer and noted that High Courts get burdened. Chances of incarceration is huge and the accused languishes as undertrial. On November 11, the top court granted interim bail to Republic TV anchor Arnab Goswami,who was arrested on November 4 and has been under judicial custody since then in a criminal case relating to abetment to suicide of interior designer Anvay Naik in 2018.The top court also allowed the interim release of the co-accused Neetish Sarda and Firoze Mohammed Sheikh in the case.A vacation bench comprising Justices D Y Chandrachud and Indira Banerjee passed the order after an urgent hearing given to the petitions challenging the November 9 order of the Bombay High Court which denied the accused interim bail in the habeas corpus petitions filed by them challenging their custody.During the hearing, Justice Chandrachud had expressed disappointment that the High Court failed to exercise its jurisdiction to protect the personal liberty of a citizen.”If this court does not interfere today, we are travelling on the path of destruction. Forget this man (Goswami). You may not like his ideology. Left to myself, I will not watch his channel. Keep aside everything. If this is what our state governments are going to do to people who are to be nailed, then the Supreme Court has to intervene. There has to be a message to HCs- Please exercise your jurisdiction to uphold personal liberty. We are seeing case after case. HCs are failing to exercise jurisdiction. People are in jail for tweets!”, he had remarked.Click Here To Download JudgmentNext Storylast_img read more

Mayor Jay Gillian: City Will ‘Communicate Proactively’ on Beach Project

first_imgArmy Corps of Engineers beach replenishment project for Ocean City, NJ, Strathmere and Sea Isle City.The following is Ocean City Mayor Jay Gillian’s weekly update to citizens posted on Friday, Dec. 12. Dear Friends,This week I learned of the planned schedule for the beach replenishment project in the south end of Ocean City from the New Jersey Department of Environmental Protection (NJDEP). We are being told that in Ocean City, mobilization of the dredging equipment will begin in early April 2015 with pumping beginning in early May 2015, going from north to south.  The dredging company will use two dredges, one for Ocean City and one for Strathmere and Sea Isle.This is great news for Ocean City, and we are grateful that this project is moving forward.  It will serve to protect billions of dollars of public and private property in the years ahead. We expect to hear more detailed information at an upcoming preconstruction meeting. We like the concept of using two dredges and believe that is beneficial to the communities. We have some reservations about the May start date but will wait to hear more details at the preconstruction meeting. Ocean City looks forward to working with the Army Corps of Engineers and the NJ DEP on another successful project.We will start meeting now with key stakeholders so that we can communicate the project proactively, and minimize any possible inconveniences for our residents and guests during the summer season.  I will continue to update you on this project as more information becomes available in the months ahead.I am also happy to share that the new pumps installed as part of the Merion Park road and drainage project became fully operational on Thursday.  Please note that the pumps were not yet operational during Tuesday’s storm.  Thank you again to all of the Merion Park residents who have patiently cooperated with the city through this project.Today, we hosted the Cape Mayor County Mayor’s lunch and participated in a discussion regarding the ongoing drug problem in our County.  It is now more important than ever that families secure and monitor their prescription drugs, as we learned that children as young as nine years old are becoming regular drug users.  I plan to provide more information and resources on this topic in a future letter, but ask that during this holiday season all parents and guardians establish an open dialogue with their children regarding the dangers of drug use.Lastly, I would like to take this opportunity to thank the over 60 participants in last week’s Christmas Parade. We had a great crowd on Asbury Avenue and I hope everyone enjoyed the parade.  I would like to offer a special thanks to the Downtown Merchants, the Chamber of Commerce, City Council and City team members for their support and commitment to the parade.I hope you all have a great weekend.Warm regards,Jay A. GillianMayorlast_img read more

French Nuclear Submarine Joins Search for A330 Black Boxes

first_imgBy Dialogo June 11, 2009 PARIS, June 10, 2009 (AFP) – On Wednesday morning the French Nuclear Attack Submarine (SNA) “Emeraude” joined the search operation aimed at finding the black boxes from the Air France Airbus that disappeared while flying over the Atlantic off the Brazilian coast, the French Joint Chiefs of Staff announced. “The ‘Emeraude’ will begin patrolling in the morning, in the first search area, which comprises an area of 400 square nautical miles, an equivalent of 1296 square km, which must be covered in one day,” said Captain Christophe Prazuck of the Joint Chiefs of Staff in an interview with AFP. “For this mission, the location will be changed every day, and its duration has not been specified yet,” he added, stating that in the afternoon another ship belonging to the Navy, the “Mistral,” will join the submarine. The deployment of a Nuclear Attack Submarine in a situation like this is a unique event, at least for France. The “Emeraude” will use its sonar system to locate the signal issued by the black boxes. With a crew of 72 men, and 226 aboard the “Mistral,” the French search team will include around 400 military personnel, instead of the 160 that have been available until now. Both units will be later joined by the frigate Ventôse, two maritime Breguet Atlantique patrol aircraft, and a Falcon 50maritime monitoring aircraft.last_img read more

Deepak Kumar’s car stolen from wedding function

first_imgNew Delhi: Preparing for Tokyo Olympics, shooter Deepak Kumar suffered a jolt on the personal front as the Asian Games silver medallist’s car, a Honda WR-V, was stolen while he was attending the wedding ceremony of his sister-in-law.The incident took place around 2:30 am in the night on Tuesday as the car was parked outside the VIP Park, JP Tent house in Keshav Puram.“The response has been a bit slow so far (from the police). See these are matters which can take my focus away from the game. But I am not letting that happen,” Kumar, who secured an Olympic quota in the 10m air rifle event at the Asian Championships last year, told IANS.“I am preparing for the World Cup (in Delhi from March 15 at the Dr Karni Singh Ranges) and I will continue to do what I have been doing, train harder and give my best,” said the 32-year old. A similar incident had happened with Kumar in 2018 when valuables were stolen from his car in South Delhi’s Ambedkar Nagar. (IANS)Also Read: Expecting great result from Indian shooters: Shooter Deepak KumarAlso Watch: AJYCP members form human chain across Assam to protest against CAA 2019last_img read more