Hearing a plea for quashing of the FIR in the TRP scam filed by Republic TV’s editor-in-chief Arnab Goswami, the High Court of Bombay on Monday said Police will have to first issue him “summons” like it did to eight Republic TV employees. The High Court observed on his appeal for interim relief: “Today he is not an accused in the crime, how can we pass an order?” But it orally observed, “Once summons is sent there is no question of arrest at the moment.”

A bench of Justice S S Shinde & Justice M S Karnik heard senior lawyers Harish Salve for Goswami and Kapil Sibal for the state & Mumbai police, including Mumbai police commissioner Param Bir Singh. The High Court recorded Salve’s statement that if the investigating officer issues summons to Goswami in the TRP case, he will “honour the summons & appear before the police officer & cooperate”. However, the HC directed the IO to produce by Nov 4 in a sealed cover the details of the probe done so far & posted the matter for final hearing on Nov 5.

Arnab Goswami had petitioned the HC to quash the FIR in which he has not yet been named, alleging “mala fides” by Mumbai police. “Tomorrow they may call him & arrest him, we do not know,” Salve said & sought an interim order against coercive steps. To this, Sibal said, “I strongly oppose that.” Harish Salve then sought an interim order to protect Goswami from arrest “without leave of court”. Kapil Sibal said Goswami is “not a special person. He is an ordinary person,” adding he is not entitled to special privileges as a journalist when his name is not even in the FIR. Sibal said Goswami can always file for anticipatory bail. Sibal said allegations of mala fides at this “nascent stage of investigation” can't be grounds for any interim relief. 

Justice Shinde, during the hearing via video conferencing, for which Harish Salve logged in from the United Kingdom & Sibal from Delhi, said, “We see officers are coming before media in sensitive matters & disclosing about incriminating material... an officer is not supposed to disclose.” Sibal said he himself has “raised this issue”. He noted, “But media trials also go on on some TV channels, like this one… this (media trial) has been deprecated by the SC several times.”

The Mumbai Police is acting on behalf of their political bosses in this TRP episode, now police commissioner has no moral authority to continue in his office, he wrongly accused republic tv in his p...Read More

Kapil Sibal argued, “If you target a police officer, what is he to do? Other media channels come to the police officer then & seek his reaction.” Sibal said, “Right to freedom speech under Art 19(1) (a) of the Constitution doesn’t protect you from an investigation.” Salve cited the earlier FIRs against Goswami related to coverage of the Palghar lynching case. “A slew of FIRs have been filed,” he said, pointing out how he had gone to the SC, which granted protective orders as there were multiple identical FIRs lodged all over, before asking Goswami to approach the High Court. The Court had on June 30 stayed the probe into the FIRs. 

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