Thread by @barandbench

Supreme Court to hear a challenge by Maharashtra govt to the Bombay HC order whereby it had suspended two FIRs filed against Arnab Goswami over statements made against Sonia Gandhi and ‘communalising‘ a gathering of migrant workers in Mumbai’s Bandra

@republic
#SupremeCourt

The Bombay high court bench, comprising Justices Ujjal Bhuyan and Riyaz I. Chagla had observed: “We cannot have the spectacle of a Damocles’ sword hanging over the head of a journalist while conducting a public debate.”

#freedomofspeech
#lockdown
#migrantcrisis

Bench of CJI SA Bobde with Justices DY Chandrachud and L Nageswara Rao begins hearing the case.

#SupremeCourt #FreedomOfPress #ArnabGoswami

Sr. Advocate Dr. Abhishek Manu Singhvi representing the State of Maharashtra is the first to address Court.

Singhvi seeks to take the Court through the transcript of Goswami's programs in question for which FIRs were registered.

#SupremeCourt #ArnabGoswami #PalgharMobLynching

Singhvi: The High Court has stayed and suspended the FIRs while admitting the matter. It says you (Police) cannot investigate the matter. How can the investigation be stayed?

#SupremeCourt #ArnabGoswami @MumbaiPolice

(Singhvi refers to Judgement to support his argument that investigation should not have been stayed)

CJI Bobde: Problem is in the course of investigation, some authorities use unfair means. This is a purely intellectual matter and verbal matter.

#SupremeCourt
#ArnabGoswami

CJI Bobde: This is not something where something has tobe examined it something had to be recovered.

So in this case, is there any way justice can be done that investigation can go on but nobody can use unfair means.

#SupremeCourt
#ArmabGoswami

CJI Bobde: Police can ask questions, even the statute says that and we don't think that the Courts should interfere in that but it has to be done in a certain manner.

#SupremeCourt
#ArnabGoswami

Singhvi: I would request Your Lordships to pass an order allowing the investigation without coercive steps.

(CJI Bobde asks what Singhvi proposes)

Singhvi: Investigation may go on and we will do:

- We will not arrest
- We will issue summons

CJI: 48 hours before...

Singhvi: Your Lordship should also see that a message does not go out that some people are above the law

CJI Bobde: While nobody is above the law, some people are targeted with higher intensity. There is a culture these days, that some people need a higher degree of protection.

Senior Advocate Harish Salve for Arnab Goswami tells the Court of the series of events since April 2020 when the FIR was filed.

Salve: As on date, there is an FIR filed against the entire editorial team of Republic TV.

#SupremeCourt #ArnabGoswami

Salve: Various people from the Channel and management have been questioned for long hours.

CJI Bobde: It is possible that even after a long period of investigation, suddenly a question may occur to the Police which is crucial and needs to be asked.

#SupremeCourt #ArnabGoswami

CJI Bobde: Keeping your client aside... we agree with #FreedomOfPress but we don't appreciate the submission that as a person from the media your client should not be asked any question.

#SupremeCourt #ArnabGoswami

CJI Bobde: As a Court, our most important concern is peace and harmony in the society. Nobody is immune to being questioned.

CJI Bobde: We want a sense of assurance from you of responsibility.

#SupremeCourt #ArnabGoswami #FreedomOfPress

Salve: We understand that the Freedom of Speech comes with responsibility.

The society is fragile and there must be responsibility.

But don't take this FIR on face value.

#SupremeCourt #ArnabGoswami #FreedomOfPress

CJI Bobde: There has to be responsibility in reporting. There are some areas one has to tread with caution.

#SupremeCourt #ArnabGoswami

(CJI Bobde opines that the kind of reporting being done does not necessarily have to subscribe to a certain way and it can be done responsibly.)

CJI Bobde: Frankly speaking I can't stand it. This is not the kind of public discourse we should have.

#SupremeCourt
#ArnabGoswami

(Court seeks to get a list of all the cases in which #ArnabGoswami and #RepublicTV are sought to be prosecuted)

CJI Bobde: The point is this that we would like you (Salve) to put on affidavit and give a picture of course of things to come. Everyday we are getting something.

Supreme Court to hear the matter next after two weeks by which time #ArnabGoswami (and #RepublicTV) as well as State of Maharashtra to file their respective affidavits detailing all cases the Anchor and the channel are sought to be prosecuted in.

#SupremeCourt

Want assurance of responsible reporting from Republic TV: CJI SA Bobde observes
@republic #ArnabGoswami #SupremeCourt
barandbench.com/news/litigatio…

CJI Bobde observed that while press freedom is absolutely crucial, nobody can claim to be immune to being questioned.

@republic #ArnabGoswami