Manu Sebastian Profile picture
Managing Editor, Live Law @LiveLawIndia. Conveniently placed between the Third and Fourth Estates. Mail : manu@livelaw.in. Tweets are personal

Jun 30, 2020, 8 tweets

Read Bombay HC order in #ArnabGoswami case. Some thoughts :

1. With respect to FIR on report on Palghar lynching, I tend to agree with reasoning that it may not strictly come under offence of communal incitement, as it was primarily against Congress.

livelaw.in/top-stories/bo…

2. But with respect to FIR on report on migrants gathering in Bandra, I have some disagreements. As per the transcript of the debate recorded in the order, Goswami linked the gathering to a Masjid at Bandra and asked why there was a "pattern" of crowds gathering near mosques.

3. Remember, this was happening in the middle of a vile communal campaign following Tablighi Jamaat issue. Clearly, Goswami was tapping into such communal sentiments. He uses dog whistle codes of 'traitors' 'anti nationals'.

#ArnabGoswamy

4.He had given a communal spin to an incident of migrants gathering on the hope of getting trains, by highlighting the mere presence of a mosque. He manufactured a baseless news with communal overtone. If such a news amid an already communally charged atmosphere does not attract

..Section 153A/153B IPC, I don't know what would.

5. The inference from the show is that a particular minorit group is following a pattern of violating lockdown to harm the country.And this is built on a fake news too. Is it not clear Sec 153A/153B?
#ArnabGoswami
#RepublicTV

6. Court lets him off the hook saying that he had said during the show that he would have said the same thing, if it had happened in a temple. I don't understand how such a hypothetical statement effaces the effects of the hate speech and communal camping already made.

7. Court's conclusion of "no prima facie case" is based on analysing the statements in isolation, without understanding the real background and context.

#ArnabGoswami
#BombayHC

8. It is distressing that clear, calculated communal speeches are let off without penal consequences. The HC order in the Arnab Goswami case sends a wrong signal by emboldening proponents of hate speech.

#ArnabGoswami
#BombayHC

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