On Tuesday, the Supreme Court of India rejected the plea of Republic TV Editor-in-Chief Arnab Goswami to transfer the probe of his case from Mumbai Police to the Central Bureau of Investigation. The Court also rejected his request for quashing the FIRs against him.
The Supreme Court refused to quash the FIRs after multiple FIRs against Goswami were combined to one FIR. The FIR was based on the allegation of Goswami making communal remarks on his broadcast of Palghar Lynching. The court said,
“Subsequent FIRs and Complaints are quashed, and no other FIR or complaint shall be entertained or pursued on the basis of a broadcast made by Petitioner on 21st April. There can be no quashing of FIR under Article 32. The Petitioner has the liberty to pursue a remedy before the competent court.”
The bench of Justice Chandrachud and MR Shah, on April 24th, had allowed the consolidation of several FIRs and their transfer to Mumbai. The interim protection granted to Arnab Goswami has been extended by three more weeks. The court said the extension is to allow Goswami to pursue an appropriate remedy. The Mumbai Commissioner was directed to ensure protection.
The Supreme Court had earlier granted three weeks of protection against any coercive action against Republic TV chief Arnab Goswami regarding the multiple FIRs filed against him in the states of Maharashtra, Rajasthan, Chattisgarh, Madhya Pradesh, Telangana and Jammu, and Kashmir. The FIRs that were filed in various states alleged that the telecast carried out by Goswami promoted enmity between the two groups and was against national integration. The sections mentioned in FIRs are 153A, 153B, 295A, 500, 504, 505 of the Indian Penal Code.
The Court also withheld freedom of the press
The Supreme Court also made notable remarks on the freedom of the press in its judgment. The court invoked Article 32 and said,
“Article 32 of Constitution of India entrusts the court to protect Fundamental Rights. Journalistic freedom lies at the core of Freedom of Expression. India’s freedom of press stays as long as journalists can speak truth to power.”
The court also clarified that there shouldn’t be any further FIRs on Arnab Goswami under the same cause of action.
Courtesy: Livelaw
