India's freedom of press stays as long as journalists can speak truth to power!
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New Delhi, May 20: In partial relief to Republic TV Editor-in-Chief Arnab Goswami, the Supreme Court on Tuesday quashed all criminal investigations related to the news show on Palghar mob-lynching except the initial one that is being probed by the Mumbai police, but refused his plea for transfer of probe to the CBI.
Observing that journalistic freedom lies at the core of freedom of speech and expression, a bench of Justices DY Chandrachud and MR Shah granted protection to Goswami from any coercive action for three more weeks from Tuesday and said that he can approach the competent court for quashing of the FIR.
While quashing multiple FIRs lodged in different places with regard to the news show, the top court said they will have stifling effect and directed that no other FIR or complaint shall be entertained or pursued on basis of broadcast made by Goswami on April 21. Giving away the verdict through video conferencing, the apex court observed that the right of journalist is at a higher level and that India's freedom of press stays as long as journalists can speak truth to power, but this freedom is not absolute.
The top court on May 11 had directed that no coercive action should be taken against Goswami in the fresh FIR lodged by Mumbai police on May 2, for allegedly hurting religious sentiments by making some remarks during his news show. Goswami has moved the apex court seeking to quash multiple FIRs lodged against him in various states over his alleged defamatory statements against Congress Chief Sonia Gandhi in the show.
Regarding the bogus FIRs filed to trouble Arnab Goswami, SC recognised yet again the journalist’s right to free speech and quashed multiple FIRs. It stated ‘India’s freedom will rest safe as long as journalist can speak to power without being chilled by a threat of reprisal.’ pic.twitter.com/FSNGqegsDL
— Jagat Prakash Nadda (@JPNadda) May 19, 2020
Goswami had claimed in the top court that he was interrogated by Mumbai Police for over 12 hours over the FIR on alleged defamatory statements and one of the two investigating officers probing the case against him has tested positive for Covid-19. The Maharashtra government had also moved the apex court alleging that Goswami has been misusing protection granted by the top court and has been browbeating the police by creating fear psychosis.
Solicitor General Tushar Mehta, appearing for the Centre, supported Goswami for transfer of the probe to CBI saying that since the accused has made allegations against the police, which too has made certain accusations, the court must look at the possibility of having a probe by an independent agency. The top court on April 24 had granted 3-week protection to Goswami against any coercive steps in connection with some FIRs lodged against him in various states for alleged defamatory statements made during news show on Palghar mob-lynching of three persons, including two saints in Maharashtra.