"Attempt to suppress journalistic freedom": Rajasthan High Court on FIR against Arnab Goswami

The Rajasthan High Court on March 3 restrained the Rajasthan police from taking any coercive action against the Republic TV Editor-in-Chief Arnab Goswami in a criminal case filed in 2022 in connection with Republic Bharat's coverage of the demolition of a Hindu temple in Rajgarh, Alwar district [Arnab Goswami v. State of Rajasthan and anr]..Justice Farnjand Ali said that this interim order will continue until the disposal of Goswami's plea challenging the registration of the criminal case. The single-judge passed the interim order on a prima facie finding that none of the ingredients of the alleged offence under Section 153A of the Indian Penal Code (IPC), which punishes the promotion of enmity between different religious communities, could be made out against Goswami."The allegations in the FIR, even if taken at face value, do not disclose the commission of an offence under Section 153A of the IPC. The FIR lacks essential particulars such as the exact nature of statements, transcripts, or evidence demonstrating the Petitioner's culpability," the Court said. The judge added that the continuance of criminal investigation in this case seemed to indicate an attempt to suppress journalistic freedom by subjecting Goswami to unwarranted legal proceedings. "The continued investigation, despite the apparent lack of evidence, suggests an attempt to suppress journalistic freedom and subject the Petitioner to unwarranted legal proceedings," he said. The Court, therefore, stayed any coercive action against Goswami in the matter. "Accordingly, the present Stay Application is allowed. It is directed that till the disposal of the main petition, no coercive measures shall be taken against the Petitioner in connection with FIR No. 276/2022 of Police Station Ambamata, Udaipur," the Court said. .Continued investigation, despite the apparent lack of evidence, suggests an attempt to suppress journalistic freedom.Rajasthan High Court.Earlier, Justice Dinesh Mehta had granted Goswami a more limited form of interim relief in the matter, which extended from time to time. The State had sought the withdrawal of this interim protection. The latest order grants such interim relief until a final decision on Goswami's plea. .A first information report was registered on May 17, 2022 against Goswami at Ambamata Police Station in Rajasthan's Udaipur based on a complaint by Congress spokesperson Pawan Khera taking objections to certain news broadcasts by Republic Bharat (Hindi channel of Republic).The news broadcast in question related to a temple demolition in Rajgarh and a demolition drive in Alwar.Goswami approached the High Court to quash the FIR filed over this broadcast. In his plea, he asserted the FIR was politically motivated and meant to harass and embroil Republic TV in legal cases."In a case where the Congress Government of the state of Rajasthan was being questioned, a member of the Congress has filed a complaint. This establishes how the entire case is motivated and made to harass and embroil a legitimate news network and its members in a litany of cases," Goswami's plea had said. .The plea added that the broadcasts were aimed to ensure communal amity rather than disturb it."In fact, the channels also covered how a Muslim Group had filed a complaint naming Congress Zilla Head Yogesh Mishra for vitiating harmony in the region. Therefore, far from causing strife, Republic was exposing it."On the Alwar demolition, the programme had used the words 'Jahangirpuri ka badla?’Goswami submitted that this line was made not in reference to any community but to question whether it was a politically motivated demolition drive."It is submitted that there was an uproar over a demolition drive in New Delhi’s Jahangirpuri on 20-21st April, 2022. This demolition was being done by the Delhi MCD which is headed by the BJP. Soon after, there was news of the Alwar Demolition in Rajashtan where there is a Congress government in power. Therefore, the question about “Jahangirpuri Ka Badla” were being raised in the context of it being a political battle over demolition," the petition said.There was no disturbance of public order in the aftermath of the broadcast, establishing that the said broadcast did not threaten or disturb peace on the ground in any way, the plea added.Further, Goswami also told the Court that he was not involved in the day-to-day decision-making of Republic Bharat, nor had he personally participated in any capacity in the telecast, debate or broadcast complained of. .Arnab Goswami was booked recklessly in fake news case to settle scores: Karnataka High Court.On March 3, Justice Ali noted that since the FIR appeared to lack specific allegations against Goswami, it raised serious doubts about the bonafides of the prosecution's case and reinforced the prima facie view that this FIR was being used as "an instrument of harassment rather than a legitimate legal proceeding."The matter has been listed next after eight weeks. .Senior Advocate Mahesh Jethmalani assisted by advocates Muktesh Maheshwari and Vandana Bhansali appeared for Goswami..Deputy Government Advocate Vikram Rajpurohit represented the Rajasthan government. Advocates Shivang Soni and Karan Sharma represent the complainant Pawan Khera but were not present before the Court on March 3. .[Read Order]