Thread by @barandbench

Justice SS Shinde led bench of #BombayHighCourt to hear the plea filed by @republic TV challenging the proceedings initiated by the @MumbaiPolice in the #TRPScam case today.

The matter was being heard through video conferencing so far and will be taken up through physical hearing today considering the voluminous proceedings.

#TRPScam #MumbaiPolice #Republic

The plea filed through parent company of #Republic, ARG Outlier, challenges the FIR and the consequent chargesheets filed by the #MumbaiPolice.

Sr Adv Ashok Mundargi along with Adv Niranjan Mundargi will appear for #Republic.

#TRPScam @NiranjanMundar1

Sr Adv Kapil Sibal appearing for the #MumbaiPolice had made a statement that no coercive action will be taken against the #Republic channel, owner, manager and related persons.

The said statement has continued till today.

#TRPScam @KapilSibal

Bench has assembled. Hearing begins.

Sr Adv Mundargi: We are here to challenge the FIR registered. On the last occasion, apart from that, there are several IAs filed in the matter. One of the IA was by us for transfer of investigation.
At that time, an objection was raised how can accused ask for transfer.

#TRPScam

Justice Shinde: We are hearing the matter on merits including all IAs.

Mundargi: NO because one of the issue is...

Justice Shinde: Mr. Mundargi now second chargesheet is filed and transfer you can certainly address.

#TRPScam #MumbaiPolice #Republic

Mundargi: I started with that IA because another petition by Hansa Research also asking for the transfer is pending before the Court. In that plea they claimed that a certain officer was coercing them to incriminate...

#TRPScam #MumbaiPolice #Republic

Mundargi: Let me give a brief background. There was an incident in April 2020 by two sadhus and several FIRs came to be filed. This matter was taken up till the #SupremeCourt and there is also a breach of privilege motion petition case pending.

#TRPScam #MumbaiPolice #Republic

Mundargi: Now on October 6, an FIR was filed. On October 8, the Commissioner of Mumbai Police gives an interview that the present channel, the present accused person, they called it Republic channel, but it owned by ARG Outlier..

#TRPScam #MumbaiPolice #Republic

Mundargi: In this interview it was stated that @BARCIndia was involved and this channel is involved.
In the FIR, the present company is not even mentioned and this particular FIR is against another channel, to which we are not concerned.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: I think both the petitioners’ names are not there.

Mundargi: It must be passing through your minds, if they are not named, how we can come here and how can we agitate?

#TRPScam #MumbaiPolice #Republic

Justice Shinde: Nothing is passing through our minds. You can say it is passing through their minds.
In the first hearing, it was argued that Section 41A notice will be issued to them and they will co-operate with the investigation.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: So after that statement, thereafter the chargesheet was filed. And then Sr Adv Ponda pointed out a clause from the chargesheet that the chargesheet named the “maalak, chaalak and sambandhit vyakti”

#TRPScam #MumbaiPolice #Republic

Justice Shinde: So after that Sr Adv Kapil Sibal made a statement that no coercive action will be taken against them. And that statement continues.

#TRPScam #MumbaiPolice #Republic

Mundargi: On October 13, #ArnabGoswami the petitioner no. 2 aired a report on his channel which said that his channel was not a part of the scam.

#TRPScam #MumbaiPolice #Republic

Mundargi: On October 15 FIR was filed by the Raigad Police in a case which had been closed by them in an abetment to suicide case.
Thereafter that FIR was challenged before this Court.

#TRPScam #MumbaiPolice #Republic

Mundargi: On November 4, they arrested #ArnabGoswami in that matter.
I am not going in detail in that matter. But there was no judicial order to re-open that investigation. The man was unaware and brought before the court.

#TRPScam #MumbaiPolice #Republic

Mundargi: If they want to keep criminal prosecutions open, then you do not name the accused and then when a petition is filed to challenge that you say he is not named accused so the petition is not maintainable.

#TRPScam #MumbaiPolice #Republic

Mundargi: Please look at Vol 1 of the chargesheet.

#TRPScam #MumbaiPolice #Republic

The Bench is being assisted with the volumes. There is some confusion with the pagination of the pleadings.

Mundargi refers to the page no. 21 of the vol 1 and reads out the text in Marathi.

Mundargi: There is a judgment of this court in which it was held that the criminal procedure does not have anything which shows suspects in the chargesheet.

#TRPScam #MumbaiPolice #Republic

Mundargi: The whole point of naming suspects is so that the investigation of the prosecution can be kept open..

#TRPScam #MumbaiPolice #Republic

Mundargi: Please see Vol 5, page 1392.

#TRPScam #MumbaiPolice #Republic

Mundargi: This is part of second chargesheet. Now chaalak, maalak goes and everybody is covered.

#TRPScam #MumbaiPolice #Republic

Mundargi: On page 1388, you will see Priya Mukharjee, Ranjeet Walter, Sivasubramanian, Mundelkar etc.. They have got anticipatory bail from the sessions court.
All these were shown as suspects in the chargesheets.

#TRPScam #MumbaiPolice #Republic

Mundargi: in the remand application there are shown as wanted accused. I have got many remand application, but I am not burdening the court with this.

#TRPScam #MumbaiPolice #Republic

Mundargi: This showing the people as suspects is not an innocent act which the prosecution wants to place before the Court that they are only suspects.

#TRPScam #MumbaiPolice #Republic

Mundargi: Therefore this argument that you are not named accused in the chargesheet or anywhere does not stay because they are wanted accused.

#TRPScam #MumbaiPolice #Republic

Mundargi: Whether we are named or not named, the investigation which has taken a peculiar angle, in the chargesheet they are suspects they are arrested and they are shown as wanted accused.

#TRPScam #MumbaiPolice #Republic

Mundargi: It is the innocent act of the prosecution, that they are targeting the petitioner no 2 and he is not named (#ArnabGoswami). They can come at anytime and take any of them away while naming them as accused.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: MR. Thakare, how long for the investigation?

Chief PP Thakare: We will finish it soon milord.

Justice Shinde: You also address us on the issue as to whether the company can file for quashing of criminal proceedings against individual persons.

#TRPScam #MumbaiPolice #Republic

Mundargi: The remand application filed in December 13, they were named as wanted accused. In the chargesheet they become suspects. Please read between the lines, why is this so?

#TRPScam #MumbaiPolice #Republic

Mundargi: So far as Petitioner no. 2 (#ArnabGoswami ) is concerned and looking a the background, the petition is maintainable in his individual behalf.

#TRPScam #MumbaiPolice #Republic

Mundargi: I am aware of the legal position that the company will not be sent to jail, but the fact that they have made Republic channel as an accused and everyone related as accused, and they are all “Or”.

#TRPScam #MumbaiPolice #Republic

Mundargi: The company is no. 1 but everyone else in the company is “wanted accused”. If they were to drop this stand, then everything changes, but they are not dropping it.

#TRPScam #MumbaiPolice #Republic

Mundargi: Whoever has got interim bail, anticipatory bail, are all wanted accused.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: You show us all the documents. Or mention the clauses.

Justice Pitale: And this petitioner no. 2 (#ArnabGoswami ) has he been shown as “wanted” anywhere, in any document?

#TRPScam #MumbaiPolice #Republic

Mundargi: But they have not named him as the accused and kept it open ended so that they can say here that this petition is not maintainable.

#TRPScam #MumbaiPolice #Republic

Mundargi: All the people from the company who are out on bail are all accused. And it would not be out of place to mention that Priya Mukharjee who had attended the investigation had gone to Bangalore for her father’s health.

#TRPScam #MumbaiPolice #Republic

Mundargi: The police followed her there and she had to obtain transit bail before she could come back to Mumbai and file for bail.

#TRPScam #MumbaiPolice #Republic

Mundargi: Even Khanchandani filed for anticipatory bail, but since there was a holiday in between, Sunday I think, his application was kept on Monday and he was arrested in the meanwhile.

#TRPScam #MumbaiPolice #Republic

Mundargi: With this backdrop, let us proceed now with the chargesheet.

#TRPScam #MumbaiPolice #Republic

Mundargi: The charges alleged against them are Sections 406, 409 (criminal breach of trust) and 420 (cheating and dishonestly inducing delivery of property) 465, 468 (forgery), 201, 204 (disappearance or destruction of evidence), 212 (harbouring offender) and 120B (conspiracy).

Mundargi begins reading the statement of the Deputy General Manager of Hansa Research Group.
During reading, the names Kazi and Waze come up.

Justice Shinde: We will go by the law, the facts, we will not go by names.

#TRPScam #MumbaiPolice #Republic

Mundargi: Right from generating the information that there is TRP Scam, 30000 barometers are installed throughout the country. Out of which 6% are in Maharashtra. Maybe maximum are in Mumbai.

#TRPScam #MumbaiPolice #Republic

Mundargi: Out of these maybe 8 statements are recorded that the channel has manipulated their TRPs. But they want the court to believe from these statements. And they are saying that the Advertisers are cheated.

#TRPScam #MumbaiPolice #Republic

Justice Pitale: And none of them have come forward?

Mundargi: None.

#TRPScam #MumbaiPolice #Republic

Justice Pitale: The allegation is that there is rampant bribing for statistics in your favour.

#TRPScam #MumbaiPolice #Republic

Mundargi reads from the statement (in Marathi) which states that certain TV channels had tried to manipulate through Hansa Research employees.. They have named certain tv channel, which name I will not take.

#TRPScam #MumbaiPolice #Republic

Mundargi is reading out how they came across TV channels which tried to manipulate their TRP ratings and this helped the channels manipulate their advertisement revenue.

#TRPScam #MumbaiPolice #Republic

Mundargi reads statement (in Marathi): He was informed that one of their employees Vishal Ved Bhandari had pointed out that there were 5 people in whose houses the barometers were installed and which channel paid them what amount to manipulate.

#TRPScam #MumbaiPolice #Republic

Mundargi (from statement) Vishal had allegedly told the house members to watch particular TV channels for 2 hours every day and they were paid a specific amount.

#TRPScam #MumbaiPolice #Republic

Mundargi (from statement): Vishal strayed from his job and carried out illegal activities for his personal gain.

#TRPScam #MumbaiPolice #Republic

Mundargi: This database being referred to in the statement, in each house, how many channels are watched..

Justice Shinde: Now petition is for quashing of chargesheet and FIR. What is the HC supposed to look into?

#TRPScam #MumbaiPolice #Republic

Justice Shinde: To what extent can we look into? What are the limitations? What we understand is the material before us is sufficient for trial. So to what extent can we go into that material for quashing under Section 482.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: And we are only having a dialogue. We are not forming any opinion here.

Mundargi: None of the grounds, in all these criminal matters, in IPC, there is no vicarious liability.

#TRPScam #MumbaiPolice #Republic

Mundargi: unless specifically falling under specific section. Section 34 is prominent in that. Abetment, so on..
Endeavour is to answer this query of your lordship.

#TRPScam #MumbaiPolice #Republic

Mundargi: Not even a whisper of the preset applicants in the documents. Kept open ended deliberately, only because he said somethings.

#TRPScam #MumbaiPolice #Republic

Mundargi: If I can point out how this particular statement came into existence at this stage. And let me point out that in every criminal matter there will be malice, but this malice is different.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: At appropriate stage answer what is malice in fact and malice in law.

#TRPScam #MumbaiPolice #Republic

Mundargi: The police was aware of the manipulation from June 2020 of a particular channel, but they were not named.

#TRPScam #MumbaiPolice #Republic

Mundargi (reads statement of police officer Qazi from the vol 5 of the chargesheet) and points out that the company had information from secret informants that there was manipulation going on.

#TRPScam #MumbaiPolice #Republic

Mundargi: Bhandari was their employee, any breach on his part Is breach of contract with the company. They did not take any action against it.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: Since the pleadings are voluminous, it would be better if there are broad written submissions.
And how many volumes are there in the chargehseet?

#TRPScam #MumbaiPolice #Republic

Mundargi says there are many and each has dedicated analysis - forensic analysis, chats, records, etc.

Mundargi (reads from Param Bir Singh conference transcript).

Justice Shinde: Why are you relying on this?

#TRPScam #MumbaiPolice #Republic

Mundargi: I am using this because within two days of the interview he said that BARC had implicated Republic whereas BARC had not implicated Republic.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: IS there is statutory provision or contracts for this practice with advertisements? Which is part of this scam?

Mundargi: No they say it is market practice.

Justice Shinde: So nothing by the government or statute?

#TRPScam #MumbaiPolice #Republic

Justice Pitale: So higher the TRP, higher the revenue.

Mundargi: You pay cable operators and they provide you channels and you can pay them to keep the channel at a particular number. But that is not an offence.

#TRPScam #MumbaiPolice #Republic

Mundargi: I have checked all law... say news comes at one number then sports from one number…. and I say place my channel at 25... then placing your channel at a certain channel is not an offence...

#TRPScam #MumbaiPolice #Republic

Justice Shinde: How do we decide small and big, channel is channel?

Mundargi was reading from some document. Mundargi: For them, our channel is big.

Continues.

#TRPScam #MumbaiPolice #Republic

Mundargi (reading from the press conference transcript): There are some channels named but I will not take their name. Three channels names have come up and the biggest name is Republic TV, according to this.

#TRPScam #MumbaiPolice #Republic

Mundargi: So this interview aid that the source of information to the officer was BARC. The analytical report does not have the present applicant.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: But why did you read this?

Mundargi: because they had no basis or information against us. Bhandari was being investigated but he is of Hansa. The complainant says that there is a channel that is named but they are given clean chit.

#TRPScam #MumbaiPolice

Mundargi: Then Hansa is called to name another channel and when they don't then they harass Hansa people to name this channel.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: If the statement of the police officer is being made for the trust of the public so that they are informed… maybe this angle can be though of.

#TRPScam #MumbaiPolice #Republic

Mundargi: But there was no public outcry, no one knew about the scam. The police officer came and called it a scam.

Justice Shinde: This is not about the outcry.

#TRPScam #MumbaiPolice #Republic

Mundargi: The police officer was feeding the press that a particular scam took place. This interview points out that there was not sufficient material to say whatever was being said. I am not saying he should be dismissed.

#TRPScam #MumbaiPolice #Republic

Justice Pitale: Does the police have the obligation to interact with the press? Why did the Commissioner have to speak to the press?

Mundargi: They have a DCP level officer who is designated.

#TRPScam #MumbaiPolice #Republic

Mundargi: Two fold submission - what the commissioner spoke and what material he had to support it.The officer of his position, probably can give details for gaining trust of public, yes. But not in this case, where there was no scam.

#TRPScam #MumbaiPolice #Republic

Mundargi (reading from the chargesheet): There are three letters. We (people from BARC) were asking the commissioner and police to disclose whatever they knew, but they did not.

#TRPScam #MumbaiPolice #Republic

Mundargi: I am reading this letter from Prasar Bharti to BARC. So the submission is, as on that particular date when the statement was made, this present applicant, there was no enquiry. There was no ongoing investigation.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: This you are arguing to show malafides.

Mundargi: Malafides and unnatural way of collecting information to somehow name the petitioner channel by hook or crook

#TRPScam #MumbaiPolice #Republic

Mundargi: till this stage there was no material. A particular channel is named, and one channel comes forward that we are not named, someone else is.

#TRPScam #MumbaiPolice #Republic

Mundargi: This particular press report is of October 8, October 6 offence is registered. Within 2 days. Named channel.

(Mundargi is referring to a press report which had flashed that their channel was not involved.)

#TRPScam #MumbaiPolice #Republic

Justice Shinde: Now you mean to say prior to this there was no information or source for scam going on. That someone has lodged complaint..?

Mundargi: this Bhandari was employee of Hansa.

#TRPScam #MumbaiPolice #Republic

Mundargi: He detected some malpractices. On October 6, one officer calls another officer and says that they had secret information. Hansa was aware. Hansa in FIR mentions some other channel.

#TRPScam #MumbaiPolice #Republic

Mundargi: But then main is the named channel. Then interview comes and as per information of BARC, the channel is Republic.

Justice Pitale: There is an analytical report which is referred to in the interview from BARC that Republic the suspect. Which is this report?

#TRPScam

Mundargi: We don't know.

SPP Hirey states that it is part of the chargesheet.

Mundargi: OK I will deal with it.

#TRPScam #MumbaiPolice #Republic

Mundargi: the report was not part of the first chargesheet, it is part of the second chargesheet.

Justice Pitale checks for the report in the chargesheet and finds the report being referred to is a forensic report of the BARC report.

#TRPScam #MumbaiPolice #Republic

Hirey: It is a third party report.

Justice Pitale: Where is the report? What prompted this report to be sought? Who did this forensic report?

Hirey: Partho had resigned and there was suspicion so BARC only got it done.

#TRPScam #MumbaiPolice #Republic

Mundargi: The fact that the forensic is done points out that the report was available.

#TRPScam #MumbaiPolice #Republic

Mundargi: Now I will take your lordships through the material collected by the chargesheet.
There is only one document before that.

#TRPScam #MumbaiPolice #Republic

Mundargi (referring to their reply): Their reply comes after two chargesheets. They say they do not have material against another TV channel and that is also being investigated.

#TRPScam #MumbaiPolice #Republic

Mundargi goes back to the argument that wanting a specific channel number is not an offence.

Mundargi: And there is no vicarious liability in criminal law.

Justice Shinde: So you are saying the applicants are not accused.

#TRPScam #MumbaiPolice #Republic

Justice Shinde (to Chief PP): Their argument is if company is excluded, where is the question of TRP scam?

Mundargi: If you want to impose vicarious liability then you have petitioner no. 1 (ARG) and if not then you have petitioner no. 2 (#ArnabGoswami ).

#TRPScam #MumbaiPolice

Mundargi begins with the chargesheet.

Justice Shinde: Mundargi we will have to restrict the timings of this matter. The arguments. Because there are other matters.

#TRPScam #MumbaiPolice #Republic

Justice Shinde: We can continue tomorrow at 10 am. Incidentally tomorrow’s slot is open.
We appreciate the efforts and determination with which you began today. We want to continue with the hearing.

#TRPScam #MumbaiPolice #Republic

Hearing ends. The hearing will continue tomorrow at 11 am. Statement of no-coercive action by the State continues.

#TRPScam #MumbaiPolice #Republic