Should not be a proxy war: Bombay High Court on MVA government reopening case against Arnab Goswami

Legal proceedings should not become a “proxy kind of war”, the Bombay High Court said on Friday while hearing a petition filed by Republic TV Editor-in-Chief Arnab Goswami over his 2020 arrest by Maharashtra Police [Arnab Goswami v. State of Maharashtra & Ors.]

Goswami filed the plea in 2020 seeking quashing of the FIR registered against him in 2018 at Alibaug Police Station, accusing him of abetting the suicide of interior designer Anvay Naik.

During the hearing on Friday, Chief Public Prosecutor Shishir Hiray informed the bench that while a closure report was filed in the case, it was subsequently reopened in 2020.

Advocate Niranjan Mundargi, appearing for Goswami, said that the State had reopened the investigation on its own volition without judicial authority, driven by political vendetta.

He was referring to the earlier Maha Vikas Aghadi government which was in power in the State in 2020 when the case was reopened and he was arrested.

Justice Milind Jadhav took note of the submissions and narrowed the primary legal issue to the scope of State power in reopening closed cases.

"The question is whether the state has power to re-open and in what circumstances... This should not be a proxy kind of a war. We have a very healthy democratic state. There is a voice of dissent. We have four pillars of democracy and that would be the obvious desirable for the proper functioning of the democracy,"Justice Jadhav remarked.

The judge also remarked on the judiciary’s unique position in such disputes.

"We don't make the laws. We are not the elected representatives. Neither are we the media who are like a watchdog. We are the cementing authority between all three," he said. 

The Court also observed that “much water has flown since 2020” and suggested both parties to look at the case with a fresh perspective. 

The plea is likely to be heard next on September 4.

Arnab Goswami was arrested in November 2020 in connection with the 2018 suicide of interior designer Anvay Naik, director of Concorde Designs Pvt Ltd (CDPL). 

Naik had allegedly left a suicide note citing unpaid dues of ₹83 lakh by ARG Outlier Media, Republic TV's parent company. 

Goswami argued in his petition that repeated attempts were made to clear the balance, but CDPL's inoperative bank account prevented settlement.

He further highlighted that the case was officially closed in 2019 after an 'A' summary closure report was accepted by the Chief Judicial Magistrate, Alibaug. 

Goswami alleged that the sudden reopening of the probe in 2020 was driven by political animosity under the Maha Vikas Aghadi government. He claimed the initiation of breach of privilege proceedings against him in the Maharashtra Assembly made the vendetta obvious.