SC extends Arnab's bail, says judiciary should ensure law is not weapon for selective harassment
New Delhi: The Supreme Court on Friday said the interim bail to journalist Arnab Goswami and two others in an abetment to suicide case will continue till the Bombay High Court disposes of their plea, and stated that the judiciary should ensure criminal law does not become a weapon for selective harassment.
The apex court had granted interim bail to Goswami on November 11, saying it will be a ''travesty of justice'' if personal liberty is curtailed.
A bench headed by Justice D Y Chandrachud on Friday gave reasons for granting relief to the TV anchor and two others in the case.
It said Goswami's interim bail shall be operative for another four weeks from the day the high court decides his pending plea in the 2018 abetment to suicide case.
The bench also said the Supreme Court, high courts, and lower courts must be alive to the misuse of criminal law by the state machinery. They should ensure criminal law does not become a weapon for the selective harassment of citizens, it said.
"Doors of this court cannot be closed to the citizen who has prima facie showed state has misused its power," it said, adding that deprivation of personal liberty even for a single day is too much.
There is a pressing need for courts to remedy institutional problems of delay in dealing with bail applications, it said.
Referring to the facts of the case, it said prima facie there is a disconnect between FIR and ingredients of the offense of abetment to suicide.
The top court had granted interim bail to two others in the case -- Neetish Sarda and Feroz Mohammad Shaikh -- on a personal bond of Rs 50,000 each and directed that they shall not tamper with the evidence and shall cooperate in the probe.
The accused were arrested by Alibaug police in Maharashtra's Raigad district on November 4 in connection with the suicide of architect-interior designer Anvay Naik and his mother in 2018 over alleged non-payment of dues by companies of the accused.
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SC to hear plea on air pollution crisis in Delhi-NCR on Dec 17
New Delhi (PTI): The Supreme Court on Monday said it will list for hearing on December 17 a plea related to worsening air pollution levels in Delhi-NCR.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pamcholi took note of the submissions of senior advocate Aprajita Singh, who is assisting it as an amicus curiae, that though the preventive measures are there in place but the key issue was of their poor implementation by the authorities.
Singh said till this court directs something, the authorities do not comply with the protocols which are already there.
“This is coming up before a three judges bench on Wednesday. It will come up,” the CJI said.
Another lawyer referred to an application relating to the health issue of children, and said schools, despite the earlier orders, are holding outdoor sports activities.
“Despite the order of this court, Schools have found ways and means to have these sporting activities.. it is taking place. The CAQM (Commission for Air Quality Management) is again citing the order of this court,” the amicus also said.
“We know the problem and let us pass orders which can be complied with. There are some directions which can be forcibly imposed. In these urban metropolitan cities people have their own lifestyle. But the poor…,” the CJI said.
The amicus said the poor labourers are the worst ones to suffer.
Earlier the bench had said the plea against air pollution cannot be treated as a "customary" case to be listed only during the winter months only.
It had said the case will be taken twice in a month to find out short and long-term solutions to the menace.
Delhi on Monday choked under a thick blanket of smog, with the Air Quality Index (AQI) settling at 498, which falls in the higher spectrum of 'severe' category.
The air quality was 'severe' at 38 stations while it was 'very poor' at two stations. Jahangirpuri, which recorded an AQI of 498, recorded the worst air quality amongst all 40 stations.
According to the Central Pollution Control Board, an AQI between 0 and 50 is considered 'good', 51 to 100 'satisfactory', 101 to 200 'moderate', 201 to 300 'poor', 301 to 400 'very poor', and 401 to 500 'severe'.
The AQI in Delhi had climbed to 461 on Sunday and marked the city's most polluted day this winter and the second-worst December air quality day on record, as weak winds and low temperatures trapped pollutants close to the surface.
