On Monday, CJI SA Bobde told television presenter Arnab Goswami’s counsel that he couldn't stand the level to which prime time news channel debates had descended & wondered where that had left public discourse in the country.
In an open admission during a hearing before a three-judge bench of an appeal filed by the Maharashtra Govt challenging a stay order on an investigation against Goswami in criminal cases lodged against for allegedly spreading social disharmony, Justice Bobde commented it was the Court’s duty to ensure peace in society.
“Frankly speaking, I cannot stand it. This has never been part of our public discourse,” he said about the high-decibel television debates. “Frankly speaking” also happened to be the title of a show presented by Goswami.
The Maharashtra Govt appealed against a June 30 order of the High Court of Bombay staying the investigation into 2 FIRs naming Goswami & other members of his channel, Republic TV. Appearing for Goswami, senior Lawyer Harish Salve said the FIR was politically motivated as it targeted the news anchor & his channel for raising questions over the silence of Congress chief Sonia Gandhi & her party over the killing of 2 Hindu seers by a mob in Palghar in April.
“At best, these individuals can file defamation but where is the question of charging them under Section 153A which is inciting disharmony,” Salve argued. This fact was noted by the HC which in its June order said, “It is quite clear that the object of or the target of the petitioner’s attack was primarily Sonia Gandhi & the Congress party. There was no mentioning of either the Muslim or Christian community. It would be too far-fetched to say that the two religious communities were involved in the debate.”
The Top Court bench, also comprising Justices DY Chandrachud & LN Rao, said, “We are more concerned about peace & harmony in this country. Nobody is immune from being questioned. We can ensure questioning is done (by police) in keeping with your right to dignity. But we want an assurance of a sense of responsibility from you (Goswami).”
Harish Salve replied, “Responsible journalism is covering sensitive cases without sensationalising.” Salve agreed there was too much noise in television debates which made the court remark, “It is better to remain old fashioned.”
The bench said it was concerned that with each passing day, there was a new conflict between the state & Goswami’s channel. The Court allowed Salve to file an affidavit mentioning further developments since the HC stay on the probe.
The Govt of Maharashtra questioned why Goswami should get treatment distinct from that given to any other citizen as the HC even stalled the investigation into the 2 FIRs in relation to the Palghar incident.
“While nobody is above the law, some are targeted with greater intensity. Some people thus need additional protection,” the bench replied.
The bench said in such matters it adopted a “conciliatory” approach & asked the state to produce a list of all cases being investigated against Goswami & his channel in 2 weeks. Senior Lawyer Abhishek Manu Singhvi appearing for the state said that the HC stay on the investigation must go. He was willing to give an undertaking that there shall be no arrest, & summons for appearance will provide a time gap of 48 hours & no questioning will be conducted during night time.
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