Republic Media Network is humbled and grateful to the Hon’ble Supreme Court of the country for its judgment that upholds personal liberty and reaffirms the citizenry’s faith in our constitution. With the strong observations of the Supreme Court in its judgment on the bail plea of Arnab Goswami and others in the Anvay Naik suicide case, Republic has been completely vindicated. In a landmark judgment, Justices D Y Chandrachud and Indira Banerjee have reiterated stood for the truth and reiterated that fundamental rights form the bedrock of our Constitution.
Upholding the principle rule of law, the Hon’ble Supreme Court made strong observations that bludgeon the individuals and machinery involved in the malicious denial of fundamental rights and breach of due process of law. The top court has made prima facie observations regarding how no case of abetment of suicide as under section 306 of the IPC is made out. The Supreme Court has set a precedent with its 55 pages, 68 paragraph judgment that protects personal liberty not just in the present case, but also in the years and decades to come.
The Hon’ble Supreme Court made crucial observations on the malafide actions against the Republic Media network and its members. Recognizing the choreography of malafide intent, in paragraph 60 it has said, “In the present case, the High Court could not but have been cognizant of the specific ground which was raised before it by the appellant that he was being made a target as a part of a series of occurrences which have been taking place since April 2020.”
Speaking against vindictive gameplay, in paragraph 61, the Hon’ble Supreme Court stated, “The doors of this Court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law. Our courts must ensure that they continue to remain the first line of defense against the deprivation of the liberty of citizens”.*
The Hon’ble Supreme Court has upheld the fundamental right to liberty and said, “Deprivation of liberty even for a single day is one day too many. We must always be mindful of the deeper systemic implications of our decisions.”
The Hon’ble Supreme Court’s judgment has not only bolstered a free press and an individual’s liberty but has ensured a precedent is set against state mechanism being used as a tool for vicious vendetta driven conspiracy. The top court observed, “Courts should be alive to both ends of the spectrum – they 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. Liberty across human eras is as tenuous as tenuous can be.”
Making prima facie observations against the wrongful targeting of Arnab Goswami in the suicide case by subverting the law and order process, the top court noted, “Prima facie, on the application of the test which has been laid down by this Court in a consistent line of authority which has been noted above, it cannot be said that the appellant was guilty of having abetted the suicide within the meaning of Section 306 of the IPC. These observations, we must note, are prima facie at this stage since the High Court is still to take up the petition for quashing.”
We are grateful to senior advocate Harish Salve who represented Editor-in-Chief Arnab Goswami. His emphatic arguments were taken note of by the Supreme Court which stated, “The specific case of the appellant is that he has been targeted because his opinions on his television channel are unpalatable to authority. 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.”
The brazen abuse of state machinery, the overt misuse of office, and the attempt to wrongly incarcerate Arnab Goswami in a case in order to exact revenge for the Republic Media Network’s relentless pursuit for truth and accountability from the state of Maharashtra and the police stand exposed.
The Hon’ble Supreme Court’s comprehensive judgment lays the pristine foundation for the rule of law to take its natural course and not be guided by vicious tools, vengeful intent, and vindictive agendas.
This judgment by the Supreme Court is a triumph for not just a citizen and a journalist, but also for every individual fighting against the machinery of malice and malafide intent.
Republic Media Network is grateful to the judiciary for its upholding of the Constitution and every tenet imbibed within it. We are indebted to our viewers and supporters who have been by our side in this fight for justice.
The Network will continue to march forward with the rule of law on its side as it takes on the malice-ridden witch-hunt of the Maharashtra Government and its instrumentalities.
