The Supreme Court on Tuesday dismissed journalist Arnab Goswami’s petition for a Central Bureau of Investigation (CBI) probe into a case against him for allegedly defaming congress interim president Sonia Gandhi in the Palghar lynching incident.
The bench headed by Justice DY Chandrachud also refused to quash the FIR registered against Goswami for allegedly hurting religious sentiments by derogatory remarks against a particular community during his show on migrants gathered in Bandra on May 2, on Republic TV.
The court permitted the Mumbai Police to continue with its investigation into the case.
The court, however, extended protection from arrest to Goswami for another three weeks, asking the Mumbai Police Commissioner to ensure his protection.
On Tuesday, the SC maintained its earlier order which clubbed all FIRs together pertaining to the Palghar lynching broadcast of April 21 to be investigated under a single FIR.
‘There can be no quashing of FIR under Article 32,’ the court said. ‘The petitioner has the liberty to pursue remedy before the competent court. The FIR does not cover offence of criminal defamation, therefore it is not necessary to address prayer on that issue.’
The court said that while journalists have the fundamental right to speak truth to power, this right was not absolute. ‘The language, content and sequencing of complaints is identical,’ it said. ‘Multiple complaints will have a stifling effect. The right of journalists under Article 19(1)(a) is higher and free citizens cannot exist without free media. Questions you cannot answer are better than questions you cannot question.’
On April 24, the apex court had granted protection to Goswami from arrest that expired this week. In that order, the court had also put multiple FIRs in relation to the same broadcast related to Palghar lynching incident on stay.
The top court had on May 11 stated that no coercive action should be taken against Goswami in the fresh FIR lodged by Mumbai Police.
The journalist had claimed that he was interrogated by Mumbai Police for over 12 hours with regard to the FIR on alleged defamatory statements. Goswami claimed that he was being ‘politically victimized’ for questioning Congress chief Sonia Gandhi in his show.
The Maharashtra government too moved the SC alleging that Goswami was misusing protection granted by the top court and ‘browbeating’ the police by ‘creating fear psychosis’.
