Thread by @barandbench

Supreme Court Bench of Justices DY Chandrachud & MR Shah to pronounce its orders on @Republic TV Chief, Arnab Goswami's pleas seeking to quash the FIRs filed against him regarding the reporting of Palghar lynching & the Bandra migrants.

#ArnabGoswami #SupremeCourt #Republic

Justice Chandrachud: Article 32 of the Constitution protects fundamental right of citizens. Petitioner is media journalist and journalists have fundamental right to speak truth to power.

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

Justice Chandrachud: But this right is not absolute

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

Complaints have been from the same cause of action. Multiple criminal proceedings arising out of same cause of action. TK Antony case covers this issue.

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

Police not prevented from investigation.

All FIRs and complaints arising out of same broadcast made by the Petitioner. The language content and sequencing of complaints is identical.

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

- No Transfer of investigation to CBI

- Interim order transferring investigation from Nagpur to Mumbai confirmed.

- No quashing of FIR under Article 32. Petitioner can pursue remedy before competent court.

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

- Subsequent FIRs and complaints are quashed.

- No other FIR or Complaint shall be entertained or pursued on basis of Broadcast made by Petitioner on April 21, 2020

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

Second Writ Petition regarding the alleged attack Dismissed.

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

Protection against coercive steps extended for Three (3) weeks. Arnab Goswami allowed to pursue appropriate remedy.

Mumbai Police Commissioner ordered to ensure protection of Goswami

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud @MumbaiPolice

Right of Journalist under Article 19 (1) (a) is higher.

Free Citizens cannot exist without free news media

#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

Breaking: Supreme Court refuses to quash FIRs against Arnab Goswami, no transfer of investigation to CBI
#ArnabGoswami #SupremeCourt #Republic #JusticeChandrachud

barandbench.com/news/litigatio…

Arnab Goswami: "Displeasure of accused about the manner in which investigation proceeds must not derail the legitimate course of law", Supreme Court

#SupremeCourt #ArnabGoswami #Republic #JusticeChandrachud @republic

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Supreme Court today reiterated that journalistic freedom is at core of freedom of expression under Article 19(1)(a) of the Constitution.

However, the Court held that this right is not an absolute one, and is subject to the legal regime as under Article 19(2).

“India's freedoms will rest safe as long as journalists can speak to power without being chilled by a threat of reprisal. The exercise of that fundamental right is not absolute and is answerable to the legal regime enacted with reference to the provisions of Article 19(2).”

"But we must as a society never forget that one cannot exist without the other. Free citizens cannot exist when the news media is chained to adhere to one position."
Supreme Court

While refusing to transfer the probe in the case to the Central Bureau of Investigation (CBI), the Court highlighted that the same can only be done in exceptional circumstances.

“Displeasure of an accused person about manner in which investigation proceeds or unsubstantiated allegation of conflict of interest against police conducting investigation must not derail course of law and warrant invocation power of this Court to transfer investigation to CBI.”

Read the 56 page Judgement of Justice Chandrachud.
Analysis on Page 29
Directions on Page 52

#SupremeCourt #ArnabGoswami #Republic #JusticeChandrachud
@republic

bit.ly/3dRT7ey

The law concerning multiple criminal proceedings on the same cause of action has been analyzed in a judgment of this Court in TT Antony v State of Kerala. #SupremeCourt #ArnabGoswami #Republic #JusticeChandrachud

The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and expression under Article 19(1)(a).

India's freedoms will rest safe as long as journalists can speak to power without being chilled by a threat of reprisal.
#Arnab

Free citizens cannot exist when the news media is chained to adhere to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”: “Questions you cannot answer are usually far better for you than answers you cannot question.”

Transfer of case to CBI: The transfer of an investigation to the CBI is not a matter of routine. The precedents of this Court emphasise that this is an “extraordinary power” to be used “sparingly” and “in exceptional circumstances”.

#SupremeCourt #ArnabGoswami #Republic

Supreme Court quotes the case of @PChidambaram_IN in the Arnab's Case:

An accused person does not have a choice in regard to the mode or manner in which the investigation should be carried out or in regard to the investigating agency. #SupremeCourt #ArnabGoswami #Republic

Arnab had sought for the transfer of the case to CBI on the ground that he had levelled charges against the Commissioner of Police, Mumbai.

@CPMumbaiPolice @MumbaiPolice #SupremeCourt #ArnabGoswami #Republic

SC Held:

[ORDER - Quashing FIR] We hold that it would be inappropriate for the court to exercise its jurisdiction under Article 32 of the Constitution for the purpose of quashing FIR 164/2020 under investigation at the NM Joshi Marg Police Station in Mumbai. #SupremeCourt #ArnabGoswami

Supreme Court regarding reporting of the Bandra Incident:

We find no reason to entertain the subsequent Writ Petition which has been filed by the petitioner (Arnab) in respect of the FIR lodged at Pydhonie Police Station (FIR
137 of 2020 dated 2 May 2020) #ArnabGoswami