The Rajasthan High Court criticized the FIR against Arnab Goswami, calling it an attempt to suppress journalistic freedom. The case was filed based on a complaint by Congress leader Pawan Khera. It relates to Republic Bharat’s coverage of a temple demolition in Rajgarh, Alwar. The court’s remarks highlight concerns over press freedom and political influence in legal actions.
The Rajasthan High Court issued an interim order preventing the Rajasthan police from taking any coercive action against Arnab Goswami, Editor-in-Chief of Republic TV, in a criminal case related to the coverage of a Hindu temple demolition in Rajgarh, Alwar district.
Justice Farnjand Ali stated that this order would remain in effect until the court resolves Goswami’s challenge to the registration of the case.
The single-judge observed that, based on a prima facie assessment, the alleged offense under Section 153A of the Indian Penal Code (IPC) which addresses the promotion of enmity between different religious communities did not appear to be substantiated against Goswami.
The Court remarked,
“The allegations in the FIR, even if taken at face value, do not disclose the commission of an offence under Section 153A of the IPC. The FIR lacks essential particulars such as the exact nature of statements, transcripts, or evidence demonstrating the Petitioner’s culpability.”
Justice Ali further noted that the ongoing criminal investigation seemed to indicate an effort to suppress journalistic freedom by exposing Goswami to unwarranted legal actions.
He stated,
“The continued investigation, despite the apparent lack of evidence, suggests an attempt to suppress journalistic freedom and subject the Petitioner to unwarranted legal proceedings.”
As a result, the Court granted a stay on any coercive actions against Goswami in this matter.
The Court sated,
“The present Stay Application is allowed. It is directed that until the main petition is resolved, no coercive measures shall be taken against the Petitioner in connection with FIR No. 276/2022 from Police Station Ambamata, Udaipur,”
The Rajasthan High Court emphasized that the ongoing investigation, despite an apparent lack of evidence, suggests an attempt to suppress journalistic freedom.
Previously, Justice Dinesh Mehta had granted Goswami a more limited form of interim relief, which had been extended periodically. The State sought to withdraw this protection.
The latest order provides interim relief until a final decision is reached regarding Goswami’s plea.
An FIR was registered against Goswami on May 17, 2022, at Ambamata Police Station in Udaipur, following a complaint from Congress spokesperson Pawan Khera, which objected to specific broadcasts by Republic Bharat concerning a temple demolition in Rajgarh and a demolition drive in Alwar.
Goswami sought to quash the FIR, arguing that it was politically motivated and intended to harass Republic TV.
His plea stated,
“In a case where the Congress Government of the state of Rajasthan was being questioned, a member of the Congress has filed a complaint. This establishes how the entire case is motivated and designed to harass a legitimate news network and its members with numerous legal cases.”
Furthermore, the plea asserted that the broadcasts aimed to promote communal harmony rather than disrupt it.
“In fact, the channels also reported on how a Muslim group had filed a complaint against Congress Zilla Head Yogesh Mishra for undermining harmony in the region. Thus, rather than inciting conflict, Republic was shedding light on it.”
Regarding the Alwar demolition, the program included the phrase ‘Jahangirpuri ka badla?’ Goswami explained that this statement was not directed at any particular community but aimed to question whether the demolition was politically motivated.
The petition stated,
“It is submitted that there was significant uproar over a demolition in Jahangirpuri, New Delhi, on April 20-21, 2022, conducted by the Delhi MCD, which is led by the BJP. Shortly thereafter, news emerged about the Alwar demolition in Rajasthan, where the Congress government is in power. Therefore, the question of ‘Jahangirpuri Ka Badla’ was raised in the context of a political struggle over demolitions,”
The plea further noted that there was no disturbance of public order following the broadcast, indicating that it did not threaten or disrupt peace in any manner.
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Additionally, Goswami informed the Court that he was not involved in the daily decision-making processes of Republic Bharat and had not personally participated in the telecast, debate, or broadcast in question.
On March 3, Justice Ali remarked that the FIR appeared to lack specific allegations against Goswami, which raised significant doubts about the credibility of the prosecution’s case. This reinforced the prima facie impression that the FIR was being utilized as “an instrument of harassment rather than a legitimate legal proceeding.”
The case is scheduled for hearing again in eight weeks.
Senior Advocate Mahesh Jethmalani, along with advocates Muktesh Maheshwari and Vandana Bhansali, represented Goswami.
Deputy Government Advocate Vikram Rajpurohit acted on behalf of the Rajasthan government.
Advocates Shivang Soni and Karan Sharma represented the complainant, Pawan Khera, but were absent from the Court on March 3.
Case Title: Arnab Goswami v. State of Rajasthan and anr