Arnab's arrest appears to be prima facie 'illegal': Court
Mumbai: A magistrate, while remanding Republic TV anchor Arnab Goswami and two others to two-week judicial custody on Wednesday in a 2018 abetment to suicide case, observed that the arrests appeared to be "prima facie illegal".
The detailed order in Marathi of Chief Judicial Magistrate Sunaina Pingle which was made available to lawyers on Thursday said after perusal of the case diary and other relevant documents the prosecution failed to prima facie establish a link between the deceased and the accused persons.
The judge, while rejecting an application seeking two-week police remand for Goswami and the two others, had also asked police about the permission of the court for reopening of the case as it was closed in 2019.
A team of Raigad police picked up Goswami (47) from his residence at Lower Parel in Mumbai on Wednesday morning. He and the two other accused - Feroze Shaikh and Nitesh Sarda - were later produced before the magistrate in Raigad's Alibaug town, around 90 km from Mumbai.
Goswami, after being brought to the court on Wednesday afternoon, claimed about a physical assault prompting the judge to send him for medical examination during which the claims were found not true.
The hearing, which continued till 11.30 PM last night, also saw a handwritten bail application being moved by Goswami's lawyer which was subsequently withdrawn Thursday as the accused moved the Bombay High Court for an interim bail.
According to laid down norms, a magistrate can hear bail pleas in cases where punishment is below seven years. The case against Goswami and others has been filed under various provisions of Indian Penal Code including section 306 (punishment for abetment of suicide which is 10 years).
Goswami and two others were arrested in the case of suicide of interior designer Anvay Naik and his mother over alleged non-payment of dues by companies of the accused persons.
"Taking into consideration the reasons behind the arrest of the accused persons and the arguments put forth by the accused persons, the arrest appears to be prima facie illegal," the court said.
The magistrate noted that the chain of circumstances, the reason behind the deaths of Anvay Naik and his mother Kumodini Naik and its connection with the accused persons are not established by the prosecution.
"There is no cogent evidence submitted that warrants this court to remand the arrested accused to police custody," the court said.
The magistrate also pointed out that the case had been closed in 2019 and since then neither the prosecution nor the complainant challenged the closure report in the sessions court or High Court.
The court further said the Alibaug police did not seek the magistrate's permission before reopening the case. "The investigating officer on October 15, 2020 only submitted a report to the magistrate informing that certain fresh material has come to the fore in the case. There is no record to show that the magistrate permitted reopening of the case," the court said.
The magistrate in the order noted that if the police case is to be accepted that Anvay Naik took the drastic step of committing suicide due to non-payment of dues by Goswami and the two other accused, then the question arises as to why his (Anvay Naik's) mother Kumodini Naik committed suicide.
"Did she (Kumodini) die by suicide? There is no clear answer to this by the prosecution. The police have been unable to establish a link between the deaths of Kumodini Naik and Anvay Naik and the three arrested accused," the court said.
While refusing to remand the three accused in police custody, the court also noted that the police have not been able to specifically point out the so-called lacunae in the probe done by the previous police team in 2018 in the case.
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UDF leaders see local body poll trends as pointer to 2026 Assembly elections in Kerala
Thiruvananthapuram (PTI): Buoyed by the strong performance of the Congress-led UDF in the local body polls, KPCC president Sunny Joseph said on Saturday that the front's results indicated the people had rejected the LDF government.
According to early trends, the UDF was leading in more grama panchayats, block panchayats, municipalities and corporations than the LDF.
The local body polls were held in two phases in the state earlier this week.
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Speaking to reporters here, Joseph said the people of Kerala had extended their support to the UDF.
"We could expose the LDF government’s anti-people stance and the people understood it. The LDF’s fake propaganda was rejected by the people. The UDF is moving towards a historic victory," he said.
He said a united effort, proper preparations, good candidate selection and hard work had resulted in the Congress and the UDF’s victory in the elections.
Asked about the prospects in the Thiruvananthapuram Corporation, Joseph said the party was studying the matter and would comment later.
LDF convenor T P Ramakrishnan said the results would be closely examined.
According to him, the government had done everything possible for the people.
"Why such a verdict happened will be examined at the micro level. People’s opinion will be considered and further steps will be taken," he said.
He added that decisions would be taken after analysing the results. "If any corrective measures are required, we will initiate them and move forward," he said.
AICC leader K C Venugopal said the results showed that people had begun ousting those who, he alleged, were responsible for the loss of gold at Lord Ayyappa’s temple.
"This trend will continue in the Assembly elections as well. It is an indication that the people are ready to bring down the LDF government," he said.
Venugopal said the UDF had registered victories even in CPI(M) and LDF strongholds.
"I congratulate all UDF workers for their hard work. Congress workers and leaders worked unitedly," he said.
Referring to remarks made by Chief Minister Pinarayi Vijayan against the Congress on polling day, Venugopal said the voters had responded through the verdict.
"I do not know whether the chief minister understands that the people are against him. Otherwise, he does not know the sentiment of the people. The state government cannot move an inch further," he said.
He said the results indicated a strong comeback for the UDF in Kerala.
Asked whether the Sabarimala gold loss issue had affected the LDF in the local polls, Venugopal said the CM and the CPI(M) state secretary did not take the issue seriously.
"We took a strong stand on the matter. The BJP played a foul game in it," he alleged.
On the BJP's role in the local body elections, Venugopal alleged that the party operated with the CPI(M) 's tacit support.
"The CPI(M) supported the central government on issues such as PM-SHRI, labour codes and corruption in national highway construction. The CPI(M) is facing ideological decline, and the state government’s policies are against the party’s own decisions," he said.
Meanwhile, LDF ally Kerala Congress (M) leader Jose K Mani said the party could not win all the wards it had expected in the elections.
He congratulated winners from all parties and said the party would closely examine the losses and identify shortcomings. "Later, we will take corrective measures," he added.
Senior Congress leader and MP Rajmohan Unnithan said the trends in the local body elections indicated that the UDF would return to power in the 2026 Assembly elections.
"We will win 111 seats as in 1977 and return to power in 2026. The anti-government sentiment of the people is reflected in the elections," he said.
Unnithan said the people were disturbed and unhappy with the present government.
"The trend indicates the end of the LDF government," he added.
CPI(M) MLA M M Mani said the people had shown ingratitude towards the LDF despite benefiting from welfare schemes.
"After receiving all welfare schemes and living comfortably, people voted against us due to some temporary sentiments. Is that not ingratitude," he asked.
Mani said no such welfare initiatives had taken place in Kerala earlier.
"People are receiving pensions and have enough to eat. Even after getting all this, they voted against us. This is what can be called ingratitude," he said.
Muslim League state president Panakkad Sayyid Sadiq Ali Shihab Thangal said the results were beyond expectations.
"The outcome points towards the Secretariat in Thiruvananthapuram, indicating that a change of government is imminent. We are going to win the Assembly election," he said.
