HC reserves order in Arnab Goswami plea to quash FIRs against him, continues protection from arrest

The Bombay high court (HC) on Friday continued its relief from arrest to Republic TV’s editor-in-chief and primetime anchor Arnab Goswami until further orders and reserved its order in a criminal writ petition filed by the journalist seeking various reliefs, including quashing of two first information reports (FIRs) filed against him.

The court directed Goswami and the Maharashtra government to submit written notes at the earliest before it passes its order.

A two-member division bench, comprising Justices Ujjal Bhuyan and Riyaz Chagla, was informed by senior counsel Harish Salve, who appeared on behalf of Goswami, via video-conference that the allegations against the journalist were unfounded.

Goswami has been booked under Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, and language), 295A (deliberate and malicious intention of outraging the religious feelings of any citizen) 500 (defamation), 505 (2) (spreading rumour or alarming news with intent to create or promote feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities), and 120B (criminal conspiracy) of the Indian Penal Code (IPC).

The charges were based on two FIRs filed against him at Mumbai’s NM Joshi Marg police station and Pydhonie police station on April 22 and May 2, respectively.

The charges are related to giving a communal angle to the lynching of two Hindu seers in Palghar on April 16 and a protest outside the Bandra railway station by stranded migrant workers on April 14.

Salve read out each section under which Goswami was booked and denied the allegation that his comments on the Palghar and Bandra railway station incidents on his TV programmes were politically motivated.

Salve said that Goswami’s remarks on the programmes did not have any mala fide intention but could be attributed to journalistic enthusiasm.

Salve also asked the court as to who would be held responsible if Goswami contracted the coronavirus disease (Covid-19) while attending various police stations across the country, where FIRs have been registered against him for the same incident.

Kapil Sibal, who appeared on behalf of the Maharashtra government, refuted Salve’s claims and said that the statements on the programmes had hurt the sentiments of the people.

The court heard both sides of the arguments and reserved its order.

The court also extended the interim protection from any coercive action granted to Goswami in its earlier hearing on June 9 till the order was passed.