Why immediate hearing on Arnab Goswami’s bail plea despite being on leave?

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dushyant dave on SC

New Delhi: A two-judge bench of the Supreme Court has granted interim bail to three people, including Arnab Goswami, editor-in-chief of Republic TV, after several hours of hearings. At the same time, the Supreme Court has misinterpreted the decision of the Mumbai High Court to reject Arnab Goswami’s bail plea. The petition filed in the Supreme Court on November 10 was heard the next day i.e. on November 11. The special thing is that, during this, the Diwali holiday is going on in court. Then why an immediate hearing on this bail application despite being on leave? Such a question has been raised by Dushyant Dave, president of the Supreme Court Bar Association.

Allegation of giving priority to Arnab case
During the leave, Dave has written a letter to the secretary of the court objecting to the immediate hearing. Dave has been accused of giving priority to this case over ‘selective listing’ i.e. other cases pending before the court.

It is a question of the reputation of the court
Speaking to the BBC, Dave said: “The purpose of this letter is not to speak against any one person, but to raise the issue of the fair rights of ordinary citizens.” “It is a question of the reputation of the court,” he said. No citizen should feel that we are second class. Everyone should have the right to bail and a speedy trial, not just some high profile cases and lawyers. ”

Which cases can be heard during the holiday?

  • During vacation in the Supreme Court, the Chief Justice may appoint a ‘vacation bench’ of one or more judges.
  • Very urgent cases can be heard before this bench.
  • According to the handbook of the Supreme Court, in which cases death sentence has been given.
  • Habeas Corpus Petition
  • Cases of real estate demolition
  • Issues of public interest
  • Applications filed against rejection of bail application or rejection of interim bail application are considered as urgent cases.
  • In addition, the Chief Justice may also hear other cases in his jurisdiction immediately.

Cases pending in the Supreme Court
As on November 1, 2020, there were 63,693 cases pending in the court, according to the Supreme Court website. In the Rajya Sabha, Law Minister Ravi Shankar Prasad, while answering a question, had said, “The process of completing cases in the Supreme Court has been expedited for the last two years.” In 2017, 13,850 cases were heard. 43,363 cases were heard in 2018 and 45,787 in 2019. However, this year the corona infection and lockdown affected the functioning of the court.

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