Thread by @barandbench

#BombayHighCourt to hear today @republic TV's plea challenging the @MumbaiPolice FIR against it in relation to the alleged #TRPScam

The plea seeks the quashing of the FIR against Republic TV and its employees, including Editor-in-Chief Arnab Goswami.

@republic seeks:

- Transfer of investigation to CBI;
- CBI probe against Mumbai Police Commissioner Param Bir Singh, disciplinary proceedings against him for abuse of power;
- interim protection from coercive action by Mumbai Police

Read more:

barandbench.com/news/litigatio…

The plea was moved before the #BombayHighCourt after the Supreme Court dismissed it as withdrawn last week and asked #RepublicTV to move the HC first.

The matter is listed today before the HC Bench of Justices SS Shinde and MS Karnik

Hearing begins.

Senior Counsels Milind Sathe,
Kapil Sibal (for the State of Maharashtra),
Harish Salve (for petitioner),

- among others appearing.

@republic
@MumbaiPolice

#RepublicTV
#TRPScam
#BombayHighCourt

Harish Salve (for @republic): The FIR (which is sought to be quashed) is reeking of malafides. It is an attempt to suppress the voice of the petitioners, prima facie.

#RepublicTV
#TRPScam
#BombayHighCourt

Salve narrates from the petition.

Salve recounts FIR, allegations regarding the #TRPscam how commissions were alleged to have been paid for households to watch the TV Channel named to increase TRP points.

#RepublicTV
#TRPScam
#BombayHighCourt

Salve refers to the analytical report of BARC (Broadcast Audience Research Council).

Salve goes on to submit: The FIR says 420 (Section 420, IPC which deals with "cheating"). God knows how it is 420. Who has been cheated?

#RepublicTV
#TRPScam
#BombayHighCourt

Salve notes that S 409, IPC (Criminal breach of trust by public servant, or by banker, merchant or agent) has also been added:

How does 409 come to this? Everybody is a private organisation.

The "advertising proceeds" become "proceeds of crime" (in the FIR).

Salve: We have explained why all this is happening. And everybody jumped and said "republic caught in scam" etc.

#RepublicTV
#TRPScam
#BombayHighCourt

Salve submits that the genesis of all this is @republic TV's reportage on the #Palghar case.

He recounts that earlier several FIRs had been registered against #RepublicTV on the behest of the Congress party for strong reportage against the Congress Party President.

Salve recalls how SC had consolidated the slew of FIRs filed against #RepublicTV over its reports concerning the Congress Party President.

Further how SC stayed the FIRs on prima facie view that they were reproductive and all filed by persons owing allegiance to Congress party.

Court: This petition is pending

Salve: It is still pending.

Salve recalls:

On September 10, Shiv Sena wrote to cable operators asking them to stop airing #RepublicTV channels since @republic insulted the Maharashtra CM etc.

That doesn't work, cable operators cant shut the TV channels down, he adds.

Read more:

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Salve recounts: On September 16, Privilege Committee proceedings are initiated.

On September 30 Supreme Court issues notice in the petition filed against the same

Salve: Then comes this FIR

@republic

#RepublicTV
#TRPScam
#BombayHighCourt

Salve: The whole thing is a thinly disguised excuse...

Salve goes on to contend that it is malafide.

He reads from the petition regarding malice, the vindictive approach by the authorities in this case, the summons issued to Republic TV CFO etc.

#RepublicTV
#TRPScam

Salve: I have made strong allegations of malafides.

And I'll show your Lordships cases where the court has said where allegations of malafide are made, the Court must look into them.

@republic

#RepublicTV
#TRPScam
#BombayHighCourt

Salve sums up for @republic :

The case is against a Journalist,
FIR is malafide should be quashed
If probe should be there it should not be by police (@MumbaiPolice ) who are biased against me

#RepublicTV
#TRPScam
#BombayHighCourt

@KapilSibal (for the State of Maharashtra): This petition is entirely premature.

It relates to an FIR which involves allegations of paying cash for getting TRPs to make commercial profits. Three channels prima facie involved. The investigation is still going on.

#RepublicTV

@KapilSibal There is no mention of @Republic in the FIR. So how can it be quashed?

The FIR relates to an offence allegedly committed in relation to which several improprieties and illegalities by several may be found. That investigation is still in the nascent stage.

@KapilSibal: How can a plea be filed to say quash FIR?

The incident at #Palghar has nothing to do with FIR no. 143/2020 (the one in the #TRPscam)

Even in the cases against which petition was filed in SC, the main FIR was not quashed. This is nothing to do with the present case

@KapilSibal : How can reliance be made on SC observations to say the present FIR should be quashed?

How is my learned friend relying on these proceedings to say the FIR in number 143/2020 should be quashed?

Sibal: There are several statements recorded, including 164 statements - as a matter of law how can my learned friend come for quashing of proceedings and quashing of summons?

How can summons be quashed?

#RepublicTV
#TRPscam
#BombayHighCourt

Sibal: How are privilege committee proceedings relevant for the proceedings in FIR no. 143? Not at all, they are not. How does the #Palghar incident related to FIR 143?

Sibal: Judgment cited (by Salve re malafides) was a civil case. The concept of malafide is entirely different in criminal proceedings

Sibal: In a criminal case, what is relevant is materials produced consequent to an investigation. That material is not yet unearthed, not before the court. So how does malafide come at this stage?

#BombayHighCourt takes critical note that there is a tendency by investigating officers to disclosing about the ongoing investigations in sensitive cases

HC: Something will have to be done. Not only in the present case this is happening, but it has been happening in other matters where the investigation is in progress. Officers are not supposed to give incriminating material to the media

@KapilSibal : I entirely agree.

@KapilSibal : In fact, even I have raised my voice. When an investigation by CBI, NIA etc. is being conducted, the officers continually give media statements to prejudice trial. I personally feel something should be done.

#BombayHighCourt
#TRPScam

@KapilSibal There is another side to the story. #MediaTrial is going on TV channels including the channel my learned friend is representing (@republic).

This has even been deprecated by SC

@KapilSibal : When you (media channel) target a police officer, what is the police officer to do? Then other media channels come to the police officer and put questions to him. It is a vicious circle. I am not blaming anybody.

@KapilSibal : Lordships may record my statement, I shall not go to the media during this case.

But they should also not do a media trial on their channel. It cannot be that you have a media trial going on...

@republic
#RepublicTV
#TRPscam
#BombayHighCourt

Sibal: In the whole #Palghar incident, what happened? Bombay HC said you are satisfied with the police investigation. But a whole media trial was going on.

@republic
#RepublicTV
#TRPscam
#BombayHighCourt

Sibal: I don't think, at this point in time, I don't think this court should interfere to give any interim relief. Inv is going on. There may be many more media channels involved. This may be happening at various levels. This is something to be investigated.

Court: Media is 4th pillar, though it is not in Constitution... How they are to responsibly behave...

@KapilSibal notes that another Bench is now dealing with what should be the permissible parameters for media reporting

Court: Produce whatever investigation is done in one week for our perusal.

Salve, responding to Sibal's submissions that allegations of malafide not relevant to the present case:

It will be a sad day if the malafide of a constitutional functionary is irrelevant.

@republic

#RepublicTV
#BombayHighCourt
#TRPscam

Salve: The interview by Mumbai Police commissioner shows malice in fact...that chain of events from Palghar... I have genuine apprehensions about how they are going to treat the petitioner, my Lord

Tomorrow they may call him, arrest him

@republic
#BombayHighCourt
#TRPscam

Salve asks Sibal not to interrupt him at every sentence: I am addressing the court

Sibal: So am I.

Salve: In the police commissioner interview, @republic is named when it is not mentioned in FIR. This shows malice in fact.

Salve: There was no need for calling a press conference and making these statements - it gives apprehension that the Police is not acting out of duty.

@republic

#RepublicTV
#BombayHighCourt
#TRPscam

Salve seeks that the Court order the police to give 48 hours notice before any arrest, or that no arrest should take place without courts leave.

@republic

#RepublicTV
#BombayHighCourt
#TRPscam

Sibal: He is like any other citizen. He does not have special privileges just because he is a member of the press. If there is evidence against him, what is the malafide?

@republic

#RepublicTV
#BombayHighCourt
#TRPscam

Court: Till date how many summons have been issued?

Seven, the Court is informed.

Court: Any arrested?

No, the court is told.

@republic

#RepublicTV
#BombayHighCourt
#TRPscam

@KapilSibal says that the Court may record that if he (Arnab Goswami) receives a summons, he should cooperate till such time final orders passed.

Salve: He will cooperate. If Mr Sibal says so, it is good enough. If they call him, he will cooperate. No need for any order.

#BombayHighCourt says that it will hear the case on 5th of November at 3 pm. On 4th the authorities are to submit the investigation papers for the Court's perusal.

@republic

#TRPscam
#RepublicTV
#BombayHighCourt

Court queries whether there is a need to add more details to order. Salve says he is satisfied if Sibal says there won't be arrest till the next hearing

@kapilsibal: I never said that. I only said he should cooperate.

Salve: Then I am pressing for that (no arrest) in the order

Salve: I thought my learned friend was saying don't record a statement, but there will be no arrest. Since that is not the position may lordships may hear me.

Salve: Today we are in situation summons are issued, everyone is cooperating. If there are serious allegations of malafide today and record is not before court, and journalist is being harassed by the police, surely Art 226 will apply

Sibal points out that the interview by the Police Commissioner only mentions "Republic TV" and not Arnab Goswami

Salve: #RepublicTV! When Republic TV runs a bad show, Arnab Goswami is to blame. But if Republic TV is accused, then he is not?

#BombayHighCourt
#TRPscam

#BombayHighCourt notes that #TRPscam FIR does not mention @republic as an accused yet. If the summons is issued, Court records Salve's statement that he will appear before the authorities and cooperate.

The question of arrest will not arise in that case, Court notes.

Court records Harish Salve's submission for Republic TV that if a summons is issued, the petitioner shall appear and cooperate with the authorities.

Matter to be taken up next on November 5. Hearing has concluded

@republic
@MumbaiPolice

#RepublicTV
#TRPscam
#BombayHighCourt

TRP Scam: Bombay High Court hears Republic TV's plea against Mumbai Police investigation [LIVE UPDATES]

barandbench.com/news/litigatio…

[TRP Scam] Republic not named in FIR, Arnab Goswami will cooperate if summons is issued: Bombay High Court told

#ArnabGoswami #TRPScam #BombayHighCourt @republic @MumbaiPolice @BARCIndia

barandbench.com/news/litigatio…

[TRP Scam] Republic TV v. Mumbai Police: Highlights of the hearing in the Bombay High Court today #ArnabGoswami #RepublicTV @republic @MumbaiPolice #BombayHighCourt #TRPScam

Read full story: bit.ly/37mh9y3