Mumbai: before December 10 hearing in Bombay supreme court for quashing of FIR within the Anvay Naik case, two interim applications are filed by Republic TV Editor-in-Chief Arnab Goswami about “premeditated, prejudged and predetermined” nature of the action by the Maharashtra government, specifically on the a part of the house Minister Anil Deshmukh.
Petitioner Arnab Goswami via his legal counsel has spoken of the “entire exercise in malice” by the Maharashtra government from May 2020 to November 2020.
The interim applications say that not only the directive for reinvestigation of a case which was closed by a court of law, but also the eventual direction of the investigation, has been scripted by Maharashtra government.
The interim applications state that the minister is acting in contravention of law and abusing his office to repair and frame and individual and a news network.
While the primary application is to amend the writ petition by stating that new facts have emerged since the first filing, the second interim application is regarding the statements made by Deshmukh regarding a chargesheet “in defiance of all due process of law and in contravention of the highest court observations on the matter”.
In the first application, Phoenix Legal which represents Arnab Goswami, has said that on May 26, 2020, the house Department was intervening and sending letters to reinvestigate the suicide case that was closed by a court of law following a closure report by the police.
The second interim application speaks of a “fresh explanation for action” as long as the Maharashtra Home Minister on November 28 made a public statement a few “strong chargesheet” within the abetment to suicide case despite scathing observations by the Supreme Court.
In light of latest facts, Arnab Goswami’s applications have sought additional prayers – stay the filing of chargesheet in reference to the FIR, quash the reinvestigation and put a halt to all or any the coercive action within the case.
It will all be heard by the Bombay supreme court on December 10.
The hearing within the Bombay supreme court within the closely watched case comes after the Supreme Court during a 55-page judgment made scathing observations about the state machinery and therefore the misuse of law by it.
The top court said that clear the ingredients of the offence weren’t established and “… it can’t be said that the petitioner was guilty of getting abetted the suicide within the meaning of Section 306 of the IPC”.
Deshmukh in 12 hours of the Supreme Court’s observations publicly declared that a “strong chargesheet” would be filed against Arnab Goswami “soon”, the appliance notes.
The fresh application by Arnab Goswami has cited a letter to prove that the investigation is politically scripted and prejudged to focus on an independent journalist.
This letter of May 26 by Maharashtra Home Department lays down that it’s calling for a reinvestigation into the previously closed Anvay Naik suicide case, and transferring it to the CID.
The interim application says that “there may be a well-documented pattern of interference within the present case on the a part of the house Department, Maharashtra State and therefore the Home Minister Anil Deshmukh”.
It says Deshmukh has within the past spoken of an “elaborate inquiry” on the ground of the Maharashtra Assembly.
The Supreme Court had made multiple observations within the judgment that granted bail to Arnab Goswami et al. . the highest court had said, “the misuse of the legal code may be a matter of which the supreme court and therefore the lower courts during this country must be alive.”
The Supreme Court said the supreme court couldn’t but are cognizant of the precise ground which was raised before it by the appellant that he was being made a target as a neighborhood of a series of occurrences which are happening since April 2020.