Bombay High Court Cautions Against Using Legal Proceedings as Proxy Wars
The Bombay High Court issued a cautionary note on Friday, emphasizing that legal proceedings should not devolve into proxy battles, during a hearing of a petition filed by Republic TV’s Editor-in-Chief, Arnab Goswami. This petition challenges his 2020 arrest by Maharashtra Police in a case dating back to 2018. The case in question accuses Goswami of abetting the suicide of interior designer Anvay Naik, initially reported at the Alibaug Police Station [Arnab Goswami v. State of Maharashtra & Ors.].
The legal proceedings began with Goswami’s plea in 2020, seeking to quash the First Information Report (FIR) registered against him. A closure report had been filed, but the case was reopened in 2020. Shishir Hiray, the Chief Public Prosecutor, informed the court of this sequence of events.
Reopening of the Case: A Political Vendetta?
Advocate Niranjan Mundargi, representing Goswami, argued that the reopening of the investigation was conducted without judicial sanction and was politically motivated. This reopening occurred under the Maha Vikas Aghadi government, which was in power in Maharashtra during 2020, leading to Goswami’s arrest.
Justice Milind Jadhav, presiding over the matter, identified the core legal issue as the scope and circumstances under which the State can reopen closed cases. “The question is whether the state has the power to reopen, and under what circumstances,” Justice Jadhav stated, adding that legal proceedings should not serve as a platform for proxy wars.
Judiciary’s Role as a Balancing Authority
Justice Jadhav also reflected on the judiciary’s role in such disputes, stating, “We don’t make the laws. We are not elected representatives nor the media. We serve as the cementing authority between all three.” His remarks underscored the judiciary’s unique position in maintaining the balance between the pillars of democracy.
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The court acknowledged that significant developments have occurred since 2020 and encouraged both parties to consider the case from a new perspective. The next hearing is scheduled for September 4.
Details of the Case Against Arnab Goswami
Arnab Goswami was apprehended in November 2020 in connection with the alleged suicide of Anvay Naik, the director of Concorde Designs Pvt Ltd. Naik had reportedly left a suicide note citing unpaid dues worth ₹83 lakh by ARG Outlier Media, Republic TV’s parent entity. Goswami argued that efforts were made to settle the dues, but an inactive bank account of CDPL prevented the transaction.
In his petition, Goswami pointed out that the case was officially closed in 2019, following the acceptance of an ‘A’ summary closure report by the Chief Judicial Magistrate in Alibaug. He contended that the case’s reopening in 2020 was politically driven, coinciding with breach of privilege proceedings initiated against him in the Maharashtra Assembly.
