Criminal law should not become a weapon for selective harassment of citizens, the Supreme Court said today while explaining its rationale for granting bail to Arnab Goswami in an abetment to suicide case.

Justices DY Chandrachud and Indira Banerjee lamented that the Bombay High Court had failed to establish whether or not there was a prima facie case under Section 306 of the Indian Penal Code against the Republic TV editor before denying him bail.

“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,” they stated in their judgement.

“Our courts must ensure that they continue to remain the first line of defense against the deprivation of the liberty of citizens. Deprivation of liberty even for a single day is one day too many,” they added.

Goswami was arrested for allegedly abeting the suicide of interior designer Anvay Naik and spent a week in judicial custody before the Supreme Court granted him interim bail on November 11, two days after the Bombay High had denied it.

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