he TV anchor's petition for relief against his arrest and reopening of the case was

refused for a second time on Monday by the Bombay High Court, which said he
can go to a lower court to seek bail.

The arrest and reopening of the two-year-old case was "illegal", Mr Goswami had
told the Bombay High Court.

A day after his arrest, the high court had said it wanted to hear the matter "in
detail". "We can't pass any order today. Meanwhile, we will clarify that pendency
of the petition will not bar the petitioner from approaching the sessions court for
bail and if such an application is filed, it should be decided within four days," the
high court had said.

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Mr Goswami's lawyers - Harish Salve and Abad Ponda - argued that the police
have not met the legal requirement of getting a court's consent for reopening the
case, which led to his arrest.

In its order, the court said, "We find that before carrying out the said investigation,
the Magistrate was intimated about the further investigation. Thereafter, even the
statements are recorded under section 164 of the Code of Criminal Procedure after
obtaining permission from Chief Judicial Magistrate. In our opinion, the further
investigation cannot be termed as illegal and without seeking permission of the
Magistrate."

Anvay Naik, an architect and interior designer who reportedly designed Republic
TV's sets, named Mr Goswami and two others in a suicide note in which he alleged
that his dues were not paid by the channel.

The case was closed earlier when the BJP was in power in Maharashtra after the
police told a court that there was no evidence to proceed against the accused and
prosecute them.

Mr Naik's family appealed to the government saying the probe had been scuttled
and the government ordered a re-examination of the case.

16Comments
Arnab Goswami Republic TV Bombay High Court

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