The Supreme Court on Tuesday ruled that police could investigate the cases lodged against Republic TV editor-in-chief Arnab Goswami and refused to quash FIRs against him.
Goswami had moved the Supreme Court seeking to quash multiple FIRs lodged against him in various states over his alleged defamatory statements against Congress Chief Sonia Gandhi in a news show relating to the Palghar mob-lynching case. Goswami had also sought transfer of a case against him in Mumbai to the CBI for investigation.
The Supreme Court rejected Arnab's request seeking transfer of investigation to the CBI. However, it extended the protection from coercive steps granted to Arnab Goswami for three more weeks. The Supreme Court ordered the Mumbai Police commissioner to ensure his security.
A bench headed by Justice D.Y. Chandrachud was quoted by Live Law as observing, “Multiple criminal proceedings have arisen from the same cause of action. It’s the same offence in the earlier complaints. TK Antony case covers this issue. Police is not prevented from investigation”. The bench observed the complaints against Arnab were identical.
Justice Chandrachud noted that Article 32 protected the fundamental right of journalists to speak "truth to power", but observed the right was not absolute.
The Supreme Court on May 11 had directed that no coercive action should be taken against Goswami in a fresh FIR lodged by Mumbai police.
Goswami had claimed in the Supreme Court that he was interrogated by Mumbai Police for over 12 hours with regard to an FIR on alleged defamatory statements and one of the two investigating officers probing the case against him had tested positive for COVID-19.
The Maharashtra government had also moved the Supreme Court, alleging that Goswami had been misusing protection granted by the top court and has been "browbeating" the police by "creating fear psychosis".
During the hearing on May 11, senior advocate Harish Salve, appearing for Goswami, had argued that this case is all about a political party targeting a journalist as the complainants are members of one particular party.
"This will have a chilling effect on freedom of press," Salve had said, adding that press is not institutionalised but other institutions are protected and there are safeguards, wherein judges, MPs and bureaucrats are protected.
The Supreme Court on April 24 had granted three-weeks protection to Goswami against any coercive steps in connection with some FIRs lodged against him in various states for alleged defamatory statements made during news shows on the Palghar mob lynching of three persons, including two Hindu saints.
An FIR was lodged on May 2 in Mumbai against Goswami and two others for allegedly hurting religious sentiments by making derogatory remarks regarding a mosque located in suburban Bandra.
