Mumbai: Arnab Goswami seeks stay on probe into suicide abetment case

Goswami has also sought an interim order to restrain Alibag police from filing a charge sheet in the case and to transfer the investigation to the Central Bureau of Investigation (CBI) or some other independent agency.

Arnab Goswami, editor-in-chief of Republic TV and R Bharat news channels, has filed an application in his pending petition before the Bombay high court (HC) urging the court to stay any further investigation into Anvay Naik suicide abetment case registered against him at Alibag in Raigad district.

Republic TV’s editor-in-chief Arnab Goswami. (HT PHOTO)

Goswami has also sought an interim order to restrain Alibag police from filing a charge sheet in the case and to transfer the investigation to the Central Bureau of Investigation (CBI) or some other independent agency beyond the purview of Maharashtra government.

In support of his claim for stay on further investigation and filing of the charge sheet, he has relied on the observations made by the Supreme Court while granting him interim bail. In its detailed order, SC has said that “a prima facie evaluation of the FIR does not establish the ingredients of the offence of abetment of suicide under Section 306 of the Indian Penal Code.”

Goswami taken a strong exception to the statement made by Maharashtra home minister Anil Deshmukh on November 28 that a “strong charge sheet” will “soon” be filed against the editor. “The said statement of the Maharashtra home minister is an open disregard and an unapologetic contravention of the judgement of the Hon’ble Supreme Court,” states Goswami’s application.

“This shocking premeditated political declaration by Mr Anil Deshmukh came at a news conference 12 hours after the Hon’ble Supreme Court delivered the said judgement dated 27th November 2020. The said statement and the corresponding investigation at the behest of the home department, state of Maharashtra, not only establishes the malicious and malafide intent guiding the overall investigation in the present case but also exposes the complete subversion of the Supreme Court order dated 27th November 2020,” it adds.

“It is thus clear that the entire investigation in the case is being puppeteered by a political machinery and is tainted and prescripted by the executive powers at play of the respondents (state authorities),” it adds and presses on the need for an independent probe into the case.

Goswami has termed the investigation into the FIR as “illegal and dehors the law” for, according to him, investigation into the case was closed and an A-Summary report was accepted by the chief judicial magistrate at Alibaug on April 16, 2019, but the reinvestigation started without a judicial order.

“Thus, for a matter which is concluded with the filing of an A-summary report, which is valid till date, filing of a charge sheet would be completely illegal and bad in law,” he has said and urged the court to restrain Alibag police from carrying any further investigation and filing charge sheet.

Architect and interior designer Anvay Naik, 53, died by suicide at his residence at Kaavir village in Alibag tehsil on May 5, 2018. His mother, Kumud, too, was found dead at their home at the time.

His wife Akshata had lodged a complaint with the police alleging that her husband was forced to take the drastic step as he was under tremendous mental stress because of non-payment of dues collectively amounting to ₹5.40 crore by Goswami and two others.

Naik was the managing director of Concorde Designs Private Limited, which rendered services for Republic TV. Along with Republic, Naik had dues from two other companies namely Smartworks and IcastX/Skimedia.

On the basis of Akshata’s complaint, Alibag police had on May 5, 2018 registered an offence booking Goswami, Feroz Shaikh of IcastX/Skimedia and Nitish Sarda of Smartworks for abetting suicides of her husband and mother-in-law. In his suicide note, Naik had alleged that Goswami owed him ₹83 lakh, Sarda ₹55 lakh and Shaikh ₹4 crore.

On April 16, 2019, the then investigating officer of the case submitted an A-summary report and sought closure of the case for want of prosecutable evidence against any of the three accused. The jurisdictional magistrate had accepted the report on the same day.

After his arrest on November 4, Goswami has filed the petition for his immediate release and also for quashing of the FIR.