Arnab Goswami was booked recklessly in fake news case to settle scores: Karnataka High Court

The Karnataka police irresponsibly and recklessly booked Republic News Editor-in-Chief Arnab Goswami in a fake news case only to settle scores with him and because he is a renowned name in the media, observed the Karnataka High Court in an order made public recently [Arnab Goswami v. State of Karnataka and ors]..Justice M Nagaprasanna made the observation while quashing a criminal case filed against Goswami, who had been booked last year on allegations that Republic TV aired a fake news report on Chief Minister Siddaramaiah. "Merely because the petitioner (Goswami) is a renowned name in the fourth estate, he is without rhyme and reason dragged into the web of crime, only to project registration of a crime against the petitioner, which on the face of it, is reckless," the Court said..The petitioner is dragged in only because he is Arnab Goswami.Karnataka High Court.The first information report (FIR) against Goswami was registered following a private complaint made by Karnataka Congress member Ravindra MV.Ravindra had alleged that on March 27 last year, Republic TV Kannada aired a news story claiming that traffic in Bengaluru's MG Road area was stopped to enable passage for Chief Minister Siddaramaiah and, hence, an ambulance was not given the right of way. At that time, Chief Minister Siddaramaiah was not in Bengaluru, but in Mysuru, the complainant had said.Goswami was booked by the police under Section 505(2) of the Indian Penal Code (IPC) for the offence of having made statements “creating or promoting enmity, hatred or ill-will between classes.”He then moved the High Court to quash the case. During the earlier hearings, Senior Advocate Aruna Shyam, appearing for Goswami, had told the Court that the news report was deleted as soon as the channel realised it was incorrect.Shyam had also told the Court that the complainant had been overenthusiastic and had even “suggested” in the complaint about which provision of the IPC should be invoked against Goswami..The Court questioned the State on why Goswami had been booked in this case when he was not tied to the day-to-day affairs of Republic TV Kannada."To a pointed query, that ‘the Court wants to know what offence the petitioner has committed’, there is no reply. Therefore, he has done nothing, ostensibly, so as the petitioner has not committed any offence as observed hereinabove, the petitioner is dragged in only because he is Arnab Goswami," the Court said..Justice Nagaprasanna concluded that Goswami was unnecessarily implicated in this case, particularly when he had not personally made any statement or aired the allegedly objectionable content."It is un-understandable as to how the petitioner (Goswami) could be dragged into this. He being the Editor in-Chief or Executive Director of Republic Media Network, he has neither made a statement nor aired anything to promote hatred between the classes…it becomes a classic illustration of dragging the petitioner only to settle other scores. Recklessness pervades throughout the registration of the complaint," the he observed..The Court added that even if the allegations levelled in the complaint were taken to be true, the ingredients of the alleged offence of Section 505(2) IPC have not been met against Goswami, even in the remotest sense. "Except malafides, there is no substance in the complaint," the judge further said. .The case was thus quashed, with the Court observing that even permitting the investigation to go on would entail an abuse of the legal process. "Permitting investigation even, in the case at hand would become an abuse of the process of the law and result in miscarriage of justice. Therefore, it deem it appropriate obliterate the damocles sword hanging on the head of the petitioner of a irresponsible crime registered against him," said the Court's February 13 ruling..Senior Advocate Aruna Shyam and Advocate Anand Muttalli represented Goswami..Additional Special Public Prosecutor BN Jagadeesha represented the State. .[Read Order]