The Calcutta High Court quashed an FIR against journalist Arnab Goswami over remarks made by a panelist during a TV debate targeting the Marwari community. The court noted that the petitioners had clearly distanced themselves from the panelist’s statements. It emphasized they had condemned the views publicly across all platforms where the content was available. The bench stated it is up to the panelist to issue an apology if he chooses to do so.
Kolkata: The Calcutta High Court recently dismissed the criminal proceedings against journalist Arnab Goswami and Republic TV concerning comments made by a panelist about West Bengal’s Marwari community.
Justice Shampa Dutt (Paul) ruled that charges of defamation, promoting enmity between groups, imputation prejudicial to national integration, and criminal conspiracy were not applicable to Goswami and his channel, as they had distanced themselves from the remarks.
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The Court stated,
“In the present case, the petitioners having distanced themselves from the statements made by the panelist condemned such opinions expressed on a public platform and have done so on every platform (public) where it was available for viewing… The petitioners have condemned the act of the panelist having distanced themselves from him and his views. It is for the said panelist to issue an apology if he desires to do so,”
The court ordered,
“The proceeding in Phoolbagan P.S. Case No. 99/2020 dated 22nd April, 2020 under Section 153A/153-B/500/504/120B of the Indian Penal Code are hereby quashed along with all notices therein under the Cr.P.C. in respect of the petitioners herein, being Arnab Goswami and ARG Outlier Media Private.”
The case stemmed from comments made by one Subhojit Ghosh during a live debate on Republic TV on April 21, 2020.
During the discussion on the Covid pandemic, Ghosh stated,
“Arnab I have a simple question, I have a simple question to the BJP person that the central team will investigate the, the black marketing of the dishonest Marwaris in West Bengal?”
An FIR was filed at Phoolbagan police station following a complaint from one Man Mohan Bagri. However, the court noted that Goswami and other panelists immediately condemned the comments.
As a result, the court quashed the proceedings against Goswami and his company. Senior Advocates Mahesh Jethmalani and Sandipan Ganguly, along with advocates Apalak Basu, Saket Shukla, Nazir Ahmed, Zoeb Cuteriywala, Smita Mukherjee, and Saheli Bose, represented Arnab Goswami.
The state of West Bengal was represented by Advocate General Kishore Dutta, Additional Public Prosecutor Rudradipta Nandy, and advocate Sanjana Saha.
Case Title: Mr Arnab Goswami & Anr v The State of West Bengal & Anr
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