A Supreme Court bench headed by Justice D Y Chandrachud pronounced the judgement giving reasons for the interim bail to Republic TV Editor-in-Chief Arnab Goswami on November 11 in the Anvay Naik suicide case.

Delivering the judgement, a Bench of Justices DY Chandrachud and Indira Banerjee held that criminal law should not become a tool for selective harassment.

Here are 10 observations by Justice Chandrachud:

* Justice Chandrachud: It is to be seen whether the accused can tamper evidence, or whether accused can flee, or whether ingredients of offence is made out along with interests of State. These principles have emerged over time. The accused in this case is not a flight risk.

* Justice Chandrachud: We have also added a section on Human Liberty and role of Courts. Section 482 recognizes powers of the HC to give effect to other provisions of CrPC. 

* Justice Chandrachud: Court recognizes inherent power but it must aid the protecting liberty and the concept of liberty runs through the fabric of the constitution. Misuse of criminal law is something HC should be alive to.

* Justice Chandrachud: Arnab Goswami stated he was being targeted for his views on subjects since April 2020. But here HC abdicated its role as a protector of constitutional values and fundamental rights. Criminal law should not become a tool for selective harassment for citizens.

* Justice Chandrachud: Liberty services on the cacophony of the media and dusty corridors of the court. HC failed to excercise its adjudicator function. In declining interim bail it had failed to excercise its role.

* Justice Chandrachud: Rule established by Justice Krishna Iyer was "bail is rule and jail is exception." HCs get burdened when superior courts do not excercise jurisdiction. Chances of incarceration is huge and accused languishes as under trials

* Justice Chandrachud: The Court would be abdicating its role as a Constitution Court if it does not aid a citizen who knocks on its door for protection from violation of fundamental rights.

* Justice Chandrachud: Deprivation of Liberty for a single day is a day too many. The remedy of bail is a solemn expression of humaneness in the justice system. We have given expression to our anguish in the case where the citizen has approached the Court.

* Justice Chandrachud: Doors of courts cannot be closed in such cases and courts should remain open for all cases of deprivation of personal liberty and such deprivation cannot be even for one day.

* Justice Chandrachud: The remedy of bail is a solemn expression of humaneness of our criminal justice system. This case is for countless other cases where such voices should not go unheard. Data of NJDJ shows information which can be utilized in matters concerning personal liberty.