The Supreme Court on Friday granted three weeks protection from arrest to Arnab Goswami, Editor-in-Chief of the Republic TV, on the basis of the FIRs filed against him in States of Maharashtra, Chhattisgarh, Madhya Pradesh, Rajasthan, Telangana and Jammu & Kashmir.
This followed a petition filed by Goswami which had the Union of India, State of Maharashtra, Chattisgarh, Madhya Pradesh, Rajasthan, Jammu Kashmir and Telangana as Respondents. A bench comprising of Justice D.Y. Chandrachud & Justice M.R Shah issued notice to the states and asked Petitioner to amend his plea for clubbing of FIR’s. Court also transferred the FIR at PS Sadar, Nagpur to PS NM Joshi Marg in Mumbai and it will be investigated.
A Writ Petition was filed in extremely urgent circumstances as several FIR’s have been registered against Arnab Goswami in different parts of the country and he alleged that other FIR’s could also be registered at behest of Indian National Congress members in violation of his fundamental rights granted under Article 19(1)(a) and Article 21 of Constitution of India.
Senior Advocate Mukul Rohatgi appearing for Arnab Goswami said, “My client brought out this incident which is recorded in a video on his show. He deals with questions of public interest and police. In Palghar issue debate, he raised some “provocative questions” to the Congress Chief by saying when people from minority are killed, Congress party is the first to raise issues.”
Mukul Rohatgi continued, “All complaints and FIR’s are principally based on the defamation of Congress Chief. Now they(Congress leaders) are all tweeting as if they are themselves filing a case of defamation. Defamation can only be filed by the person aggrieved. These complaints are nearly identical with Sections 153, 153-A,500,504,295A,IPC. Idea is to muzzle press, involve channel and editor in frivolous complaints. It has been settled in Subramanian Swamy case that no defamation can be alleged by anyone else.”
Kapil Sibal, appearing for State of Maharashtra argued that the link of the show begins with statement that the country is having 80% Sanatanis. He said, “You are trying to ignite communal violence here by putting Hindus against minority. How can FIR be quashed at this stage? Kapil Sibal put up a question,” What is the problem if Congress people have filed FIR. Don’t BJP people file FIR’s?
Justice Chandrachud said, “ Multiple FIR’s have been filed with same cause of action. There is ground for invocation under Article 32.”
Kapil Sibal replied that it can be for clubbing and not to grant protection.
Singhvi, appearing for State of Rajasthan said that prima facie case is there. 153A and 153B are non-bailable offences. FIR can be registered against any person anywhere”
Justice Chandrachud said, “Court intends to protect petitioner for three weeks and permit him to move anticipatory bail application before trial court or High Court. We will also stay further proceedings in all FIR’s except one where cause of action has arisen.”
-India Legal Bureau