Why Arnab is not released on bail today?

Arnab Goswami was arrested yesterday morning by an encounter specialist of Mumbai Police. In the evening when he was produced before the Magistrate, he refused to extend police custody and remanded Arnab to Judicial Custody. Remember Police has no access to Prisons which is managed by a different Department of State Government.

Republic TV itself pronounced that his bail would be heard today at 3 PM and after hearing it has been announced court will resume hearing at 3 PM tomorrow when it will also consider the question of interim bail. It was also shown in the tracker that hearing was taking place a division bench of two learned judges of Bombay High Court. (The name has not been changed by the High Court so far.)

It appears from the web site of HIgh Court (https://bombayhighcourt.nic.in) that Arnab has not filed any petition for bail.

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Now Maharashta has a Minister incharge of Suicide.

Maharashtra is making a new low in governance and has already hit bottom in upholding rule of law. When Police and Municipal Authorities act like hooligans of purpose rather than enforcers of law, it is anarchy written all over it.

Maharashtra’s inability to tackle Corona is old news.

Read about its dismal Covid record here.

Republic TV today stirred another sting at 10 am. This comes a the sting of Congress spokesperson Raghavendra Shukla, who affirmed that Maharashtra Government will ensure that republic tv is shut down.

Another sting by Republic TV:

Now the Republic TV has staged Nawab Malik, a minister in the Mahaghadi government of Maharashtra. He too is from Congress Party. In the sting, the Nawab is seen saying about the conspiracy against its owner Arnab Goswami.

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Mumbai Pulice Commissioner Param Bir Singh needs to study law.

Param Bir Singh

Commissioner of Police is a high ranking officer and since Param Bir Singh is from Indian Police Service he has passed one of the toughest competitive exams but it appears law is not the strong suit of police officers or for Param Bir Singh. He so grossly out of sync that there is no option but ot conclude that he is ignorant of law. Let me explain.

Crime Investigation in India:

Crime investigation in India is governed, inter alia, by Criminal Procedure Code, 1973. (Buy it from my commercial site here) There are three sections of CrPC involved here. These are section 154, 161 and 162. The last is Most important.

Recording of FIR:

Section 154 of CrPC mandates that police is obligated to record commission of a cognizable offence in a register of First Information Reports and then proceed to investigate.

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Republic TV vs. Aaj Tak and neighbourhood friendly Mumbai Police.

How can Police pronounce verdict of guilt when it has not even registered an FIR and commenced investigation?

Republic TV is a free to air Indian news channel launched in May 2017. It was co-founded by and Arnab Goswami and ruling party BJP’s MP Rajeev Chandrasekhar, who relinquished his stake in May 2019, leaving Goswami the majority stakeholder. Mumbai Police had earlier registered an FIR and summoned Arnab and his CFO after he had called Sonia Gandhi the President of Congress Party by her maiden name Antonio Maino.

AajTak is part of India Today group which was founded with a magazine in 1975-76, during emergency when other magazines were shutting shop due to press censorship. Aroon Purie was founder of this magzine though he was named as publisher and his father as owner. Read about Aroon Purie, here on wikipedia.

On 2 February 2019, Arnab launched Republic Bharat as it Hindi Channel in direct conflict with Aaj Tak which was number one on TRP ratings. Both Channels are engaged in TRP war for last three months. While English Republic TV has acquired 77% ratings demolishing all other English news channels, it has also overtaken Hindi Aaj Tak by it’s Bharat and is at the top now for over one month. This means huge revenue fall for other TV Channels.

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Bail order of Rhea Chakraborty violates Constitution.

Bombay High Court has granted bail to Rhea Chakraborty. The arguments in the matter were heard over seven days ago and now judgement is pronounced granting bail to her. There is a problem in the order.

Right to liberty is absolute:

As per the constitution, the right to liberty is absolute subject only to restrictions by a valid law. In this case the court took over seven days to decide, if Rhea Chakraborty was entitled to be free. Is that reasonable?

Justice delayed is justice denied:

I had pointed out that the requirement for bail under NDPS Act is very strict and it is almost a mini verdict on innocence. Section 37 of NDPS Act requires that the court must be satisfied that there are reasonable grounds for believing that s/he is not guilty of such offence.  Now the judge has granted bail we have to assume that there was nothing on record to link her with the offence. We can not go into merits of the judgement. The reasons why Rhea should not be granted bail are already discussed here and I am surprised by the order which I have not read as yet.

Justice Sarang Vijaykumar Kotwal of Bombay High Court has delivered the verdict after deliberating for seven days. Here is the problem.

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