{"id":231577,"date":"2020-06-30T16:20:28","date_gmt":"2020-06-30T10:50:28","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=231577"},"modified":"2020-07-10T10:47:05","modified_gmt":"2020-07-10T05:17:05","slug":"arnab-goswami-case-bom-hc-petitioner-was-trying-to-find-out-which-forces-were-trying-to-derail-lockdown-court-suspends-proceedings-in-fir-against-arnab-goswami","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/06\/30\/arnab-goswami-case-bom-hc-petitioner-was-trying-to-find-out-which-forces-were-trying-to-derail-lockdown-court-suspends-proceedings-in-fir-against-arnab-goswami\/","title":{"rendered":"Arnab Goswami Case | Bom HC | “Petitioner was trying to find out which forces were trying to derail lockdown”: Court suspends proceedings in FIR against Arnab Goswami"},"content":{"rendered":"

Bombay High Court:\u00a0<\/strong>A Division Bench of Ujjal Bhuyan and Riyaz I. Chagla, JJ. while observing the matter in regard to quashing of FIR against Republic TV’s Editor-in-Chief, Arnab Goswami, Court held that,<\/p>\n

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“Seventy years into our republic we cannot be seen to be skating on thin ice so much so that mere mention of a place of worship will lead to animosity or hatred amongst religious communities causing upheaval and conflagration on the streets.”<\/span><\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n

Present petition was filed to seek stay on all the proceedings in FIR filed against Arnab Goswami\/ petitioner and no coercive action\/steps to be taken by respondents 1, 5 and 6.<\/p>\n

Background<\/strong><\/span><\/h3>\n

Following the broadcasts on Republic TV dated 16-4-2020 and on R Bharat dated 21-4-2020, multiple FIR\u2019s and criminal complaints were lodged against the petitioner — Arnab Goswami, Editor-in-Chief of Republic TV and the Managing Director of ARG Outlier Media Asia net News Private Limited which owns and operates R Bharat.<\/span><\/p>\n

The broadcasts were in regard to an incident that occurred in Palghar District of Maharashtra wherein 3 persons including 2 sadhus were brutally killed by mob, allegedly in the presence of police and forest guard personnel. In the said broadcasts, petitioner had raised issues with regard to the tardy investigation of the incident.<\/span><\/p>\n

Petitioner claimed that the Indian National Congress had after the said broadcast launched a\u00a0<\/span>\u201cwell coordinated, widespread, vindictive and malicious campaign\u201d<\/b><\/span> against him.<\/span><\/p>\n

The said campaign by the INC was carried out through various news reports, tweets and multiple complaints against the petitioner seeking investigation into offences alleged to have been committed by him under Sections 153, 153-A, 153-B, 295-A, 500, 504, 506 and 120-B of the Penal Code, 1860. Campaign on social media using the hashtag — #ArrestAntiIndiaArnab was also doing rounds.<\/span><\/p>\n

To affirm his claim, the petitioner also stated that the FIRs and complaints were lodged in the State where the Governments were formed owing allegiance to the INC.<\/span><\/p>\n

Petitioner refused any propagation of communal views being broadcasted by him on the news channel that gave rise to the numerous complaints. Asserting his fundamental right to the Freedom of Speech and Expression under Article 19(1)(a) of the Constitution of India, the petitioner approached the Court seeking protection.<\/span><\/p>\n

Another petition was filed which was occasioned by registration of an FIR against the petitioner on 2<\/span>nd<\/sup><\/span> May 2020 wherein it was stated that the petitioner had on 29<\/span>th<\/sup><\/span> April 2020 made certain statements\u00a0on his broadcast on R Bharat that\u00a0<\/span>\u201cpeople belonging to Muslim religion are responsible for COVID-19 spread.\u201d<\/b><\/span><\/p>\n

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Petitioner had moved the Supreme Court under Article 32 of the Constitution of India for quashing the FIR.<\/p>\n

Supreme Court had issued the following directions in it’s Order:<\/p>\n