Division Bench is listening to Republic TV’s petition to annul FIR in TRP tampering case
On Monday, the Bombay High Court asked the Mumbai police to issue a subpoena to Republic TV chief Arnab Goswami if he is proposed to be added as a defendant at the FIR in the TRP (Television Rating Point) manipulation case. ).
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A bench from the SS Shinde and MS Karnik judges division was listening to a criminal petition filed by ARG Outlier Media Private Limited and Mr. Goswami, who is the managing director and editor-in-chief of Republic Media Network. The statement seeks to nullify the FIR registered by the Kandivali Police Station against him on October 6. The charges have been brought under Sections 409 (criminal breach of trust by a public official, or by a banker, merchant or agent), 420 (deceit and dishonest delivery of goods), 120B (punishment of conspiracy criminal) and 34 (common intent) of the Indian Penal Code.
Lead counsel Harish Salve, who appeared on behalf of Mr. Goswami, argued that the Mumbai police had bad fide interest, that they could arrest Mr. Goswami, and requested provisional protection against arrest. To which the court said it could not approve that order because Mr. Goswami had not been named a defendant.
Chief lawyer Kapil Sibal, representing the Maharashtra government and the Mumbai police, said that subpoenas would be issued to Mr. Goswami. However, l [Mr. Sibal] I could not promise that Mr. Goswami would not be arrested.
While examining the FIR, the court said: “It is not an encyclopedia. We would like to review the investigation documents and see what investigation has been conducted from today until the next hearing date.
The court added: “In case the investigating officer proposes to name Mr. Goswami as the defendant in the case, then, as was done with the eight people, he will be issued a summons and then cooperate with the police.”
The court also raised questions as to whether Police Commissioner Param Bir Singh had been correct in holding press conferences on these matters.
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The Bench said: “We do not know if it is the correct method or procedure to give interviews to the media. We are not talking only about this matter, but about many sensitive cases … we find the police giving information to the media even when the investigation is ongoing. The police are not supposed to reveal incriminating information related to the case. “
Mr. Sibal agreed with this and said that the petitioning channel should assure the court that defamation of the police would not be allowed and would hold a trial with the media.
Judge Shinde later said: “The media is considered the fourth pillar of democracy and therefore must also behave responsibly.”
The court ordered the Mumbai police to present the investigation documents in a sealed cover on November 4 and said it would hear the matter on November 5.
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