Updated: October 27, 2020 4:49:07 pm
Journalist Arnab Goswami.
Freedom of the press is crucial, but “there has to be accountability in reporting” and “there are some areas where you have to tread with caution,” the Supreme Court said on Monday while listening to the Maharashtra government’s appeal against the High Court of Bombay. Remain in the police investigation against Republic TV editor-in-chief Arnab Goswami for alleged inflammatory comments during news programs.
The court, however, added that “some people are targeted by powers” that are “with greater intensity” and “need a greater degree of protection.”
“While no one is above the law, some people are attacked more intensely. There is a culture these days that some people need a higher degree of protection, ”commented Chief Justice of India SA Bobde, while lead counsel AM Singhvi urged the SC to lift the suspension saying the court should see that a message does not get out that some people are above the law.
Addressing Senior Advisor Harish Salve, who appeared for Goswami, the CJI, heading a three-judge bench comprised of Justices Y Chandrachud and L Nageswara Rao, he said: “Putting your client aside, although we agree with the freedom We do not appreciate the proposition that as a media person, your client should not be asked any questions. “
“Our most important concern as a court of law is peace and harmony in society,” the CJI said, adding that “no one is immune from being questioned.”
CJI Bobde told Salve that “we want a sense of security from him.”
Salve responded that society is fragile and understands that freedom of expression carries responsibility, but urged the court not to take the FIRs in question at face value.
Noting that while there was no need to subscribe to a certain form of reporting and it can be done responsibly, the CJI said: “You don’t have to always follow the customs of the day … You can be a bit older- trained .. Frankly speaking, I can’t bear it. This is not the kind of public speaking we should have. “
The court asked Goswami and the government of Maharashtra to submit affidavits detailing all the cases and FIRs registered against Arnab Goswami and Republic TV and the course of action each proposed to take.
The court will now hear the matter after two weeks.
At the beginning of the hearing, Singhvi wondered how the state could be asked not to investigate a criminal case and cited judgments to back up his argument.
The bench replied: “This is a purely intellectual matter related to the verbal issue” and “it is not related to the recovery of some arms, etc.”.
“You have the right to investigate but you cannot harass,” he said and asked the state how this would be ensured. Singhvi responded that there would be no arrest and that the summons will be issued 48 hours in advance.
Opposing the state’s request, Salve said that Goswami has been questioned for almost 17 hours by the police and that several employees of the channel have been questioned.
Two FIRs had been filed against Goswami. They relate to the comments made by him about the lynching of two sadhus and their driver in Maharashtra’s Palghar, and the gathering of migrant workers near the Bandra train station during the Covid-19 shutdown.
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