A Prima Facie Evaluation Of FIR Does Not Disclose Offence Of Abetment To Suicide

BACKGROUND

• The Supreme Court, in its judgment today, observed that, on prima facie evaluation of FIR lodged against Arnab Goswami, it cannot be said that he was guilty of having abetted the suicide within the meaning of Section 306 of the IPC.

• The FIR alleged that Goswami's ARG Outlier Media Asia Net News had not paid Rs 83 lakh for the Bombay Dyeing Studio project and in addition, there was Rs 4 crore outstanding from Feroz Shaikh and Rs 55 lakh from Sarda.

• Prima facie evaluation of the FIR against journalist Arnab Goswami and two others did not establish the ingredients of the offence of abetment to suicide, the Supreme Court coming down strongly on the Bombay High Court for not noticing the 'disconnect' between the allegations against them in the complaints and the legal provisions.

• These important observations of the apex court came in the judgment by which it extended the interim bail granted to Goswami and two others in the 2018 abetment to suicide case.

SUMMARY

• The bench comprising Justices DY Chandrachud and Indira Banerjee said that the High Court failed to evaluate prima facie whether the allegations in the FIR, taken as they stand, bring the case within the fold of Section 306 read with Section 34 of the IPC.

• There is no apprehension of tampering of evidence or witnesses. Taking these factors into consideration, the order dated 11 November 2020 envisaged the release of the appellants on bail," the top court said.

• Many similar cases were referred in Decision such as Amalendu Pal vs State of West Bengal, Madan Mohan Singh vs State of Gujarat and Praveen Pradhan vs State of Uttaranchal.

• In this batch of cases, a prima facie evaluation of the FIR does not establish the ingredients of the offence of abetment of suicide under Section 306 of the IPC. The appellants are residents of India and do not pose a flight risk during the investigation or the trial.

• It was said that the High Court "failed to apply its mind to a fundamental issue" which needed to be considered while dealing with a petition for quashing of an FIR.

• "The writ of liberty runs through the fabric of the Constitution," the apex court said in a 55-page judgement after it granted interim bail to the accused on November 11.

• The court said it will be ''''travesty of justice'''' if personal liberty is curtailed.

BENCH'S POINT OF VIEW

• The court clarified that the above observations are prima facie at this stage since the petition seeking quashing of FIR is still pending before the High court. The court observed that the Bombay High Court failed to discharge its adjudicatory function at two levels – first in declining to evaluate prima facie at the interim stage in a petition for quashing the FIR as to whether an arguable case has been made out, and secondly, in declining interim bail, as a consequence of its failure to render a prima facie opinion on the first.

• Prima facie, on the application of the test which has been laid down by this Court in a consistent line of authority which has been noted above, it cannot be said that the appellant was guilty of having abetted the suicide within the meaning of Section 306 of the IPC.

• Bench said that Courts must be alive to the need to safeguard the public interest in ensuring that the due enforcement of criminal law is not obstructed. The fair investigation of crime is an aid to it.

• The bench added that a High Court in its jurisdiction under Article 226 of the Constitution of India has the power to grant bail in a suitable case. It also summarized the factors to be noted while considering an application for the grant of bail under Article 226 in a suitable case.