The Supreme Court on Monday extended protection granted to Republic TV's Editor-in-Chief Arnab Goswami on April 24 from any coercive actions. It reserved the order on his plea for quashing a fresh FIR lodged by Mumbai police against him on May 2.
A bench of Justices D Y Chandrachud and M R Shah noted the contents of the FIRs previously lodged against him were verbatim, as senior advocate Harish Salve, appearing for Goswami, sought an independent probe by the CBI into the matter.
The court said it would pass its judgement this week and till then, the petitioner would remain protected against any coercive actions by the police.
Salve submitted that the Maharashtra police were trying to stifle an unpleasant voice. The real purpose is to teach a journalist lessons by asking him very silly questions during the investigation in the case.
During the questioning, they wanted details of the editorial process, editorial workings and decision-making process He was repeatedly asked whose money was invested in the channel (Republic TV), the counsel pointed out.
"The CEO of the company was questioned for over six hours. What does the CEO of a company get to do with a news telecast that purportedly caused communal problems?" Salve asked.
"What are they trying to get at? Who owns the company? Who is the real owner of the company? This is not a defamation case that you are seeking damages," Salve said.
He submitted that there has to be a balance between freedom of speech and sanctity of the criminal investigation. This could have a chilling effect on the freedom of the press.
He said the matter should be probed by the CBI. He also maintained there was a political problem between the state (Maharashtra) and the Centre and Goswami has been caught in a crossfire.
Solicitor General Tushar Mehta for the Centre submitted that 12 hours of questioning of a citizen in such type of case, was really disturbing. He said that there should be an independent probe into the matter.
Senior advocate Kapil Sibal for the Maharashtra government said Goswami made allegations against the Congress party. This is purely communal violence, he asserted. He said Goswami should stop this communal violence and communal mongering. He was required to follow decency and morality and others, Sibal said.
During the hearing, the bench at one point of time suggested the petitioner to approach the Bombay High Court, saying his plea for quashing the fresh FIR could be considered along with a petition for anticipatory bail.
The court had on April 24 granted Goswami interim protection of three weeks in over 100 FIRs registered across the country. However, it had asked him to cooperate in one FIR initially registered in Nagpur and subsequently transferred to Mumbai.
The cases were triggered after Goswami on April 21 questioned Congress president Sonia Gandhi's silence in the lynching of two Hindu seers and their driver in Palghar on April 16.
However, on May 2, a fresh case was lodged against him with Pydhonie Police Station, Mumbai, based on a complaint filed by one Irfan Abubakar Shaikh with regard to a programme on "fake migrant crisis in Maharashtra in relation to gathering in Bandra".
The Maharashtra government also approached the top court to restrain Goswami from "abusing" interim protection of three weeks granted to him on April 24.