Thread by @barandbench

#BombayHighCourt to continue hearing the petition filed by @republic challenging the criminal proceedings initiated against their channel and its employees in the #TRPScam case by the @MumbaiPolice.

#Republic #ArnabGoswami

Bench led by Justices SS Shinde had in the last hearing recorded Chief Prosecutor’s statement of not taking coercive steps against #Republic channels’ employees. The statement will continue for the next two weeks.

Live updates on the hearing are here: barandbench.com/news/litigatio…

Today Sr Adv Ashok Mundargi will continue his submissions for #Republic channel and its editor in chief, #ArnabGoswami

#MumbaiPolice #TRPScam

Bench has assembled.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Hearing begins.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Sr Adv Mundargi continues his submissions.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: Concentrate on clause 12 of chargesheet (which names Republic TV employees as suspects) because your case is confined to it… Suspect.. First you address that, then go on other issues.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: Pg 21 says Republic TV - Maalak, chaalak, and sambandhit vyakti. It covered each and everyone, and not necessarily restricted to any particular persons and they were shown as suspects.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: The page at the bottom police ensured that anybody connected with Republic can be arrested at any point in time. Then they filed a supplementary chargesheet.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: This names Vikas Khanchandani (CEO of ARG Outlier).. The supplementary chargesheet. He is shown as accused.
So far as our employees are concerned kindly see page 1388..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: Now kindly see how they are dealing with the case. There is Vikas Khanchandani who came to be arrested. The entire pattern in visible.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: They have named Priya Mukharjee, COO as a suspect. And then there are remand reports of 4 people who are shown as wanted accused. Initially you can say they are suspects, but when they is chargesheet filed, they are shown as wanted accused, but in their case…

Mundargi: Sivasubramanian, CFO of Republic TV is listed as suspect. Shivendru K, Ranjit Walter, employees of ARG Outlier, shown as suspects. They are shown as wanted accused in the remand application of @MumbaiPolice

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: And now comes on page 1392, Republic TV related employees were named as suspects.. Maybe tomorrow I will point out case law on this issue.

As Justice Shinde asked us on day one, how far can a company be prosecuted?

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: you are arguing on behalf of the company and the company both. So as MD of the Petitioner 1, will you be confining to it?

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: I will not be able to confine to it. I will just say three statements.
The company can be prosecuted, the principle of alter ego, and thereafter 2G scam case.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: If there is material against any individual of the company showing his role, he can be considered as alter ego and he can only be prosecuted for his role and not otherwise.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: At one point you said they will face individually...

Mundargi: But in relation to the company...

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: IF after the other side arguments, the court comes to a conclusion that there is company’s role in this case, then I will make submissions for that too.

Justice Pitale: But the other side is saying there is evidence.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: I am trying to show the malafides just for this reason that they cannot keep investigation open so that they can arrest anyone at any point.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: If there is prima facie evidence found then you will have show us the distinction between the company and the employees involved.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi submits the principle of legal fiction can be used only when it is available in law, and according to him in IPC, such a principle is not available.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi states that if there is something against the company, then there are persons who can be held responsible. But conversely if there is an individual who is not involved in that act, then he cannot be held responsible.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: There is no provision in law where we can restrict their investigation where 6 months outer limit is given, and then we will tell them that stop investigation if nothing is found. Investigation goes on for months and the spirit of law is to be followed.

#Republic

Justice Shinde: Now we do not know how many chargesheets will be filed.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: The entire purpose of this investigation is to arrest the petitioner no. 2 (#ArnabGoswami) and once he is arrested, it will stop.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: Forget the other channels, I will only focus on my channel.
You arrested one employee (Ghanshyam Singh), you arrested so many people, you interrogated them, you recorded statements of other persons.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: After filing chargesheets, if you are still showing people as suspects, then it just shows that the investigation has come to a dead end.

This keeping of investigation on with the fear of arrest and that the investigation may go on..

#Republic #ArnabGoswami

Justice Shinde: But you were granted protection from the beginning.. This what you are seeking is something in the future… From day one, that time itself, it was made clear that they will issue summons.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Court asks Mundargi what is the kind of protection can be granted to the petitioners, considering the investigation cannot be interfered with.

Justice Shinde relies upon the judgment of Justice Khanwilkar according to which the clause 12 of the chargesheet cannot exist.

Mundargi: Hence the question of Malafides comes in..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: Therefore my submission was since we are still being shown as suspects, and the investigation is not going any further, as far as we are concerned, the investigation can be quashed.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: And if the court finds that the investigation cannot be quashed then a judicial order may be passed to finish the investigation in a reasonable time and then the protection may be extended.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: We have always maintained that there has to be reasonability and objectivity in the investigation. If someone is suspected, then proceed against him, if not then don’t.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi points out that the State had been relying on the chats exchanged between BARC CEO Partho Dasgupta and #ArnabGoswami to point out which individuals were involved.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: They have been investigating for so long. Whatever and from whichever sources they can get information they could have gotten.. There is no other, new source..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Pitale: When the investigation is going on and an offence has to be committed, then under the jurisdiction of the IO, he can investigate and if in a legal manner, we cannot invetsigate.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: But we cannot see in the future, just like they can’t we can’t either..

Justice Pitale: Yes you are saying do not keep it open ended.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: But as per the IO and the State, they are in the process. But of course, they cannot continue keeping someone as suspect..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: At the healm of affairs, we are not saying if tomorrow something happens, we cannot say do not come after us.. Of course, we cannot ask the court for this..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde (to Thakare): Mundargi is not saying stay the investigation, he is saying the IO can continue investigation, but the person, the citizen should know how long will he stay under the threat of suspect.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde (to Thakare): This we are hearing as final hearing, but if you bring clarity on the time of the investigation then our time for this exercise of hearing can be saved.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: They are saying that petition is not maintainable because we are not accused, but we will continue to remain suspect, because they feel I am suspect. And why I am suspect is so that they can come and arrest me or my employees at any time.

#MumbaiPolice #TRPScam

Justice Shinde: But we believe that between between the SC judgment and this case in this case the investigation is ongoing.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: Milords may kindly see the chats. That is the highest they can go..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi relies upon a chart which was relied upon during the hearing of the bail application of Dasgupta.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: This chat was between two friends. There is nothing, not one text, or one message, which shows that TRP manipulation was discussed. This is chat between two friends, two close friends.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: Beyond that I will not argue. When they start arguing, I will request Milords to direct them to go to the origin of the chat. Some of the chats are taking out of context.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: The chats are shown out of context.

Justice Pitale: This Dasgupta is an accused.

Mundargi: Yes he was an accused, he was arrested, and he was granted bail. They were good friends, from even before.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Pitale: As BARC CEO is he accused of tweaking TRPs in the chargesheet?

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: Yes, but there is no such discussion in the chats.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: How were the chats taken?
These are WhatsApp chats?

Chief PP Thakare: We took it from the handset. Our technical team does it.

Justice Pitale: So these chats may have been deleted. How did you retrieve deleted chats?

#ArnabGoswami #MumbaiPolice #TRPScam

Chief PP says they can do that.

Justice Pitale: So what about the privacy policies?
There is no privacy then, if you can retrieve deleted chats.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: so these three pages are all that is incriminating? (To Thakare) If they are not on record how can we refer to them?

Thakare: These were submitted to the Single judge of this court during Dasgupta’s bail hearing.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Pitale: We will check from the volume. This seems to be only one-sided.

Mundargi: I am showing from the volume only and that is precisely my submission.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi proceeds to read from the chats.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

The court asks him to read from the beginning to get a context of the conversation.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Court asks him to explain the chat which discusses the LCN (Logical Channel Number).

Mundargi: When there is a network and I have been given a number and this is as per the provision of TRAI. This is permanent. They are saying this has been violated by me.

Mundargi: But this discussion between two people, they are implying is a discussion on the TRP manipulation. They cannot say that just because they are friends, they would be helping each other.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: there are three volumes of these chats..

Justice Shinde: And these chats proceed in this manner only?

Mundargi: yes.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Pitale: There is a mention here of rating. Entry 27.
Since we are concerned with rating want to clarify this.

Mundargi points out the volumne.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi reads the specific chat from the volume.

Justice Pitale asks Mundargi to read the chat which pertain to the message which reads “I was only helping you guys.”

Mundargi reads out the chats and says that these were only market talks and nothing about the channel.

Mundargi: This is how it goes.

Justice Pitale: Even if they were friends, of course this will have to be shown by them (State) was he may be helping his friend for manipulating TRP?

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Pitale: Was he the Chairman of BARC in 2019?

Yes, November 2019 he resigned.

Justice Pitale: And did when did Republic channel air from the first time?

Mundargi replies in 2017.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Pitale: So Dasgupta was Chairman even in 2017?

Mundargi: Yes he was in 2017 till November 2019.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Pitale: Since you are not an accused, this entire exercise is a waste of time. Day in and day out we deal with cases of accused. But you are only suspect. They are still investigating, and they may reach a stage where they find you an accused.
#ArnabGoswami #MumbaiPolice

Justice Shinde: Since you are neither suspect nor an accused, what relief can we give?

Mundargi: Their actions show that I have been treated as accused.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: Did the police ever call Goswami as per the first hearing of this case?

Mundargi: no they haven’t to the petitioner no. 2 (#ArnabGoswami)

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: They have issued summons to other employees.

Justice Shinde: But then your petition is for the company and petitioner 2, so he is representing the company.

Mundargi: But then our pleading is for the other employees as well.

#Republic #ArnabGoswami #MumbaiPolice

Justice Shinde: We will ask them why have they not issued summons for the past 3.5 months..

Mundargi: But that is not their intention. They have issued 150 summons.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: And how many are accused?

Mundargi: Two are accused, and 5 are suspects.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi points out that the other employees were arrested despite having applications in the court, like Khanchandani.

Justice Shinde: You are not completely arguing for them, you are conveniently arguing… We have been asking you whom are you arguing for?

#TRPScam

Mundargi: Those who are arrested and those who are suspects, there may be something to say about them. Not about others.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: You have to show us whether the witness statements that you have read, and whatever you are pointing out shows that it all pertains to the business of the company..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: Because the persons taken are CEO, VP, COO, etc..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: If this is the position in law, where the law creates a petition that the normal law relating to the vicarious liability would be reversed, then the company commits an offence and the persons in that company are all accused.

#Republic #ArnabGoswami #MumbaiPolice

Mundargi: And it was considered in judgments, where in IPC, there is no vicarious liability. If I am accused, I have done something for the company, first I will be liable and then the company.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Mundargi: I cannot be the alter ego for the company, the malafides here..

Justice Shinde: Mundargi, we have assured you, that we will consider the malafides. After every 10 sentences you go to malafides...

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde: We are assuring that we will look into the malafides, whether the personal and political...

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Justice Shinde (to Thakare): How much time will you take you have to instructions. We can understand if there are absconding accused or material from other states are required. But for you the entire material is available right here... We want from every agency some time limit.

Justice Shinde (to Thakare): There may be complicated cases when accused are abroad and you might need to travel... That we all understand... Whatever the IO feels, we are not saying 4-6 weeks..

#Republic #ArnabGoswami #MumbaiPolice #TRPScam

Thakare: I will bring instructions and I will finish on the next day itself.

Hearing ends. Court adjourns the hearing to Wednesday.

#Republic #ArnabGoswami #MumbaiPolice #TRPScam