Adv. Amit Desai, who had first opposed, has now taken the help of Arnab Goswami’s judgment by Justice Chandrachud to obtain interim relief for his client.

Adv. Amit Desai, who had first opposed, has now taken the help of Arnab Goswami’s judgment  by Justice Chandrachud to obtain interim relief for his client.

Appearing for petitioner Mr. Desai objected the reinvestigation by the police on the contrary in Arnab’s case he supported the reinvestigation.

Bombay High Court uphold the  arguments of all the counsels that till the state files reply the accused petitioner should have hanging sword  on their head and under the fear that police will take action against them even if they approached the constitutional Court. High Court granted relief of interim protection on the basis of judgment in Arnab Goswami’s case.

The public prosecutor's objection that the petitioner can apply for anticipatory bail is rejected by the High Court as Mr. Amit Desai relied on ratio laid down in  Arnab Goswami's judgment.

Human Rights Activists welcomed the judicious approach of High Court in upholding the personal liberty of the citizen.

Mumbai: In legal fraternity there are many instances where the situation for counsel is very awkward. They have to take inconsistent  stand for their clients before different courts and by using their arumentative skills to get the relief.

The state of Maharashtra faced a very embarrassing situation on Friday  when Sr. Adv. Amit Desai who represented State of Maharashtra against Arnab Goswami before Bombay High Court and Supreme Court and strongly opposed the request  of granting interim relief to Arnab had appeared against State of Maharashtra and taken help of the ratio laid down in the  judgment passed in favor of Arnab by Justice Chandrachud and got the order of interim relief against police.

                                            Sr. Adv. Amit Desai

More interesting feature of the Friday’s hearing was that the activist cum Lawyer Adv. Nilesh Ojha , who is supporting the Arnab Goswami and has filed petition to take action against Adv. Amit Desai, had appeared for another petitioner.

                                                 Adv. Nilesh Ojha

In Arnab’s case the stand taken by Mr. Ojha was that neither the Senior  Police Officer nor Home Minister and nor the Magistrate is having any power to order to direct  reinvestigation and Police can not reinvestigate the case without permission from the High Court.

Said arguments of Mr. Ojha were opposed by adv. Amit Desai and also by Mr. Kapil Sibbal before the Supreme Court.

However, on Friday Mr. Amit Desai has taken a stand that the reinvestigation by police is violative of Art. 21 of the Constitution.

In the said case argued on Friday the situation was that the earlier  complaint is also investigated and closed by the Ass. Commissioner of Police. But the FIR was registered by suppressing the closure report by ACP.

Download the two  judgments dated 18.12.2020;
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