One of the two cops who interrogated Arnab Goswami has tested Covid-19 positive, SC told
Arnab Goswami has filed a plea that the FIR registered against him for allegedly trying to disturb communal harmony be quashed.
New Delhi: One of the two police officers who interrogated Republic TV editor-in-chief Arnab Goswami in a defamation probe last month has tested Covid-19 positive, senior advocate Harish Salve informed the Supreme Court Monday.
This was one of the several points Salve raised during the hearing in a petition filed by Goswami seeking quashing of the FIR registered against him by Raza Educational Welfare Society secretary Irfan Abubakar Shaikh. Goswami has been accused of creating communal disturbance over the gathering of migrant workers in Mumbai’s Bandra last month.
Arguing on behalf of Goswami, Salve demanded that the investigation in the FIR registered against him be transferred to the Central Bureau of Investigation.
However, the bench comprising Justice D.Y. Chandrachud and Justice M.R. Shah reserved its order in the case, saying that it will deliver the judgment in the next two days.
This plea was being heard along with another petition filed by Goswami last month, after over 100 FIRs were filed against him in several states, including Maharashtra, accusing him of using derogatory language against Congress interim president Sonia Gandhi and making “inflammatory statements” during discussions on the Palghar incident, in which three persons were lynched, on his channel.
He has demanded that all these complaints or FIRs be quashed, claiming these violate his fundamental rights under Articles 19(1)(a) (freedom of speech and expression) and 21 (right to life and personal liberty).
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On 24 April, the court had provided him protection from arrest, and stayed all FIRs against him, except for one in Nagpur. The Nagpur FIR was ordered to be transferred to Mumbai, and is now being investigated by the Mumbai Police, which is also probing the FIR filed by Goswami alleging that he was attacked in the city by two goons on a motorcycle on 23 April.
The protection granted to Goswami will continue until the Supreme Court pronounces its judgment that it reserved Monday.
‘Union v/s state problem’
During the hearing, Harish Salve raised questions on the line of questioning that Arnab Goswami was subjected to, submitting that he was asked about the news channels financial details and news gathering procedures.
He then asserted that this is a “union v/s state problem”, and informed the court that Goswami was interrogated for 12 hours. He called the FIR an “arm-twisting tactic”.
Salve also contended that there needs to be a balance between the freedom of speech and expression under Article 19(1)(a) and the sanctity of criminal investigation. He said that this case could lead to a “chilling effect on the freedom of press”.
He also submitted that the purpose behind the investigation is to teach Goswami “a lesson” and that this was a case of one political party targeting a journalist.
However, appearing for the Maharashtra government, senior advocate Kapil Sibal objected to this. He also alleged that Goswami was indulging in “pure communal violence”, and that he was “stigmatizing people by sensationalising things”.
Meanwhile, Solicitor General Tushar Mehta submitted that he has “no sides to take as a law officer”, but contended that subjecting a citizen to 12 hours of questioning “in this type of case is really disturbing”.
He also submitted that in his view, the manner in which the Mumbai Police has acted is “undesirable”. He also referred to the application filed by the Maharashtra government, demanding that orders be issued to “insulate” the investigating agency “from any pressure, threat or coercion” from Goswami, so that it can carry out a fair probe.
The state government has accused Goswami of “publicly trying to malign the police and the manner of their investigation”, and of making “false and baseless allegations” against Mumbai’s police commissioner.
Salve said that this is the first such case where the police has filed such an application, and hence, the only solution, is that Goswami’s case is handled by an independent agency that doesn’t need any “insulation”.
