Case: ARNAB RANJAN GOSWAMI Vs. UNION OF INDIA &amp; ORS

1. The petitioner is the Editor-in-Chief of an English television news channel, Republic TV. He is also the Managing Director of ARG Outlier Media Asianet News Private Limited which owns and operates a Hindi television news channel by the name of R Bharat. The petitioner anchors news shows on both channels.2. On 16 April 2020, a broadcast took place on Republic TV. This was followed by a broadcast on R Bharat on 21 April 2020. These broadcasts led to the lodging of multiple First Information Reports and criminal complaints against the petitioner. They have been lodged in the States of Maharashtra, Chhattisgarh, Rajasthan, Madhya Pradesh, Telangana and Jharkhand as well as in the Union Territories of Jammu and Kashmir. In the State of Maharashtra, an FIR was lodged at Police Station Sadar, District Nagpur City. The details of this FIR are:FIR No. 238 of 2020, dated 22 April 2020, registered at Police Station Sadar, District Nagpur City, Maharashtra, under Sections 153, 153-A, 153-B,295-A, 298, 500, 504(2), 506, 120-B and 117 of the Indian Penal Code 1860Apart from the above FIR, as many as fourteen other FIRs and complaints have been lodged against the petitioner, of which the details are extracted below:FIR No. 245 of 2020, dated 22 April 2020, registered at Police Station Supela, District Durg, Chhattisgarh, under sections 153-A, 295-A and 505 (2) of the Indian Penal Code 1860FIR No. 180 of 2020, dated 23 April 2020, registered at Police Station Bhilal Nagar, District Durg, Chhattisgarh, under sections 153- A, 188, 290 and 505 (1) of the Indian Penal Code 1860FIR No. 176 of 2020, dated 22 April 2020, registered at Police Station Civil Lines, District Raipur, Chhattisgarh, under sections 153-A, 295-A and 505 (2) of the Indian Penal Code 1860Complaint dated 21 April 2020 by District Congress Committee – Antagrah, Kanker, ChhattisgarhComplaint dated 22 April 2020 by Pritam Deshmukh (adv.), Durg District Congress Committee – to SHO city PS Durg, ChhattisgarhComplaint dated 22 April 2020 by Suraj Singh Thakur, State Vice President, Indian Youth Congress- to Sr. Police Officer, Chirag Nagar, Ghatkopar East, MumbaiComplaint dated 22 April 2020 – Pankaj Prajapti (party worker of INC and ex-spokesperson NSUI) through counsel Anshuman Shrivastavas – Superintendent of Police, Crime Branch, Indore, Madhya PradeshComplaint dated 22 April 2020 – Balram Jakhad (adv.) – to PS Shyam Nagar –u/s 153, 188, 505, 120B in JaipurComplaint by Jaswant Gujar – to SHO Bajaj Nagar PS, JaipurComplaint dated 22 April 2020 by Fundurdihari, Ambikapur, District Sarguja, Chhattisgarh – Rajesh Dubey, Chhattisgarh State Congress Committee – to SHO Gandhi Nagar, Ambikapur – u/s 153, 153A, 153B, 504, 505Complaint dated 22 April 2020 in Telangana by Anil Kumar Yadav, State President of Telangana Youth Congress – to SHO Hussaini Alam – u/s 117, 120B, 153, 153A, 295A, 298, 500, 504, 505 and 506. Also 66A of the IT ActComplaint dated 23 April 2020 by Anuj Mishra before Kotwali, Urai, Tulsi NagarComplaint dated 22 April 2020 by Kumar Raja, VP, Youth Congress, Jharkhand Congress Committee before Kotwali Police Station, Upper Bazar, RanchiComplaint dated 22 April 2020 by Madhya Pradesh Youth Congress.3. The genesis of the FIRs and complaints originates in the broadcasts on Republic TV on 16 April 2020 and R Bharat on 21 April 2020 in relation to an incident which took place in Gadchinchle village of Palghar district in Maharashtra. During the course of the incident which took place on 16 April 2020, three persons including two sadhus were brutally killed by a mob, allegedly in the presence of the police and forest guard personnel. The incident was widely reported in the print and electronic media. The petition states that a video recording of the incident is available in the public domain. In his news show titled Poochta hai Bharat on 21 April 2020 on R Bharat, the petitioner claims to have raised issues in relation to the allegedly tardy investigation of the incident. The segment of the news broadcast is available for public viewing online at:4. The viewpoint which the petitioner claims to have put across during the course of the broadcast, is described in the following extract from the Writ Petition which has been instituted by the petitioner before this Court under Article 32 of the Indian Constitution:A review of the above debate would show that its thrust was to question the tardy investigation, inconsistent versions of the authorities and the administration and the State Government?s silence on the Palghar incident given that the unfortunate incident happened in Maharashtra which is presently under rule of an alliance government jointly formed by Shiv Sena, the Congress and the Nationalist Congress Party. The debate highlighted the manner in which the incident was being portrayed by the authorities, including the glaring fact that the incident occurred in the presence of numerous police officials which fact was initially suppressed.5. The petitioner claims that following the broadcast, a well-coordinated, widespread, vindictive and malicious campaign was launched against him by the Indian National Congress (INC) and its activists. The campaign, he alleges, was carried out online through news reports and tweets indicating that members of the INC had filed multiple complaints simultaneously against the petitioner before various police stations seeking the registration of FIRs and an investigation into offences alleged to have been committed by him under Sections 153, 153A, 153B 295A, 298, 500, 504, 506 and 120B of the Indian Penal Code 1860 (IPC) . A campaign for the arrest of the petitioner was allegedly launched on social media, using the hashtag:6. The petitioner submitted, in the course of his pleadings, that all the complaints and FIRs have incidentally been lodged in States where the governments which were formed owe allegiance to the INC and that he believes that the law enforcement machinery was being set in motion with an ulterior motive. To substantiate this, the petitioner refers to an incident which allegedly took place on 23 April 2020, while he was returning by car from his studio at Worli, Mumbai accompanied by his spouse between 12:30 and 1:00 am. His car was confronted by two individuals on a motor-cycle. Confronted by the security personnel of the petitioner, the two individuals on the motor-cycle are alleged to have disclosed their identity as members of the INC. An FIR was registered at the behest of the petitioner at NM Joshi Marg Police Station in Mumbai in which the details of the alleged attack on him have been set out7. The petitioner denies that he has propagated views of a communal nature in the course of the news broadcasts which gave rise to the institution of numerous complaints. Asserting his fundamental right to the freedom of speech and expression under Article 19(1)(a) of the Constitution, the petitioner has moved this Court under Article 32 for the protection of those rights. The reliefs which have been sought are:(i) Quashing all the complaints and FIRs lodged against the petitioner in multiple States and Union Territories;(ii) A writ direction that no cognisance should be taken of any complaint or FIR on the basis of the cause of action which forms the basis of the complaints and FIRs which have led to the present writ proceedings; and(iii) A direction to the Union Government to provide adequate safety and security to the petitioner and his family as well as to his colleagues at Republic TV and R Bharat.8. While entertaining the Writ Petition on 24 April 2020, this Court heard submissions by Senior Counsel: on behalf of the petitioner by Mr Mukul Rohatgi and Mr Siddhartha Bhatnagar; on behalf of the State of Maharashtra by Mr Kapil Sibal; on behalf of the State of Chhattisgarh by Mr Vivek Tankha; and on behalf of the State of Rajasthan by Dr Abhishek Manu Singhvi. Having heard the rival submissions, this Court noted in its interim order that the order which it intended to pass should strike a balance between the following governing principles:(i) The need to ensure that the criminal process does not assume the character of a vexatious exercise by the institution of multifarious complaints founded on the same cause in multiple States;(ii) The need for the law to protect journalistic freedom within the ambit of Article 19(1)(a) of the Constitution;(iii) The requirement that recourse be taken to the remedies available to every citizen in accordance with the Code of Criminal Procedure 1973;(iv) Ensuring that in order to enable the citizen to pursue legal remedies, a protection of personal liberty against coercive steps be granted for a limited duration in the meantime;(v) The investigation of an FIR should be allowed to take place in accordance with law without this Court deploying its jurisdiction under Article 32 to obstruct the due process of law; and(vi) Assuaging the apprehension of the petitioner of a threat to his safety and the safety of his business establishment9. Learned Senior Counsel appearing on behalf of the petitioner apprised this Court, on instructions, that the petitioner had no objection to the transfer of FIR 238 of 2020 which was lodged at Police Station Sadar, District Nagpur City to NM Joshi Marg Police Station in Mumbai for the purpose of investigation. Mr Kapil Sibal, learned Senior Counsel appearing on behalf of the State of Maharashtra similarly had no objection to this course of action. This is recorded specifically in the order passed by this Court on 24 April 2020 in the following terms:9 The Court was apprised by Mr Mukul Rohatgi, learned senior counsel, on seeking instructions, that the petitioner would have no objection if the FIR which has been lodged at Nagpur is transferred for the purpose of investigation to the N M Joshi Marg Police Station, Mumbai, where the petitioner has lodged an FIR on 23 April 2020. The FIR by the petitioner is in relation to an incident which took place at midnight, during the course of which, he and his spouse were obstructed by two persons and an alleged to have been subjected to an assault, while returning home from the studio10 Mr Sibal has indicated that there should be no objection to the transfer of the FIR which has been lodged at Nagpur to MumbaiConsequently, this Court, by its interim order:(i) Transferred FIR 238 of 2020 lodged at Police Station Sadar, District Nagpur City to the NM Joshi Marg Police Station in Mumbai with a clarification that the petitioner shall cooperate in the investigation;(ii) Stayed further proceedings arising out of the complaints and FIRs other than the one which had been instituted at Police Station Sadar, District Nagpur City and stood transferred;(iii) Allowed the investigation to proceed in FIR 238 of 2020 which was transferred from Police Station Sadar, District Nagpur City to the NM Joshi Marg Police Station in Mumbai;(iv) Protected the petitioner against coercive steps arising out of and in relation to the above FIR, in relation to the telecast dated 21 April 2020;(v) Granted liberty to the petitioner to move an application for anticipatory bail before the Bombay High Court under Section 438 of the Code of Criminal Procedure 1973 (CrPC) and to pursue such other remedies as are available in law. It was clarified that any such application shall be considered on its own merits by the competent court;(vi) Stayed further proceedings in respect of any other FIR, or as the case may be, criminal complaints which have been filed or which may thereafter be filed with respect to the same incident; and(vii) Directed the Commissioner of Police , Mumbai to consider the request of the petitioner for being provided with security at his residence and at the business establishment.

Reasoning:
31. In the present case, all the FIRs or complaints which have been lodged in diverse jurisdictions arise out of one and the same incident - the broadcast by the petitioner on 21 April 2020 on R Bharat. The broadcast is the foundation of the allegation that offences have been committed under the provisions of Sections 153, 153A, 153B, 295A, 298, 500, 504 and 506 of the IPC. During the course of the hearing, this Court has had the occasion, with the assistance of the learned Senior Counsel, to peruse the several complaints that were filed in relation to the incident dated 21 April 2020. They are worded in identical terms and leave no manner of doubt that an identity of cause of action underlies the allegations leveled against the petitioner on the basis of the programme which was broadcast on 21 April 2020. Moreover, the language, content and sequencing of paragraphs and their numbering is identical. It was in this backdrop that Mr Kapil Sibal, learned Senior Counsel fairly submitted (in our view correctly) that this Court may proceed to quash all the other FIRs and complaints lodged in diverse jurisdictions in the States, leaving open, however, the investigation in respect of the FIR 238 of 2020 dated 22 April 2020 transferred from the Police Station Sadar, District Nagpur City to NM Joshi Marg Police Station in Mumbai33. A litany of our decisions – to refer to them individually would be a parade of the familiar – has firmly established that any reasonable restriction on fundamental rights must comport with the proportionality standard, of which one component is that the measure adopted must be the least restrictive measure to effectively achieve the legitimate state aim. Subjecting an individual to numerous proceedings arising in different jurisdictions on the basis of the same cause of action cannot be accepted as the least restrictive and effective method of achieving the legitimate state aim in prosecuting crime. The manner in which the petitioner has been subjected to numerous FIRs in several States, besides the Union Territories of Jammu and Kashmir on the basis of identical allegations arising out of the same television show would leave no manner of doubt that the intervention of this Court is necessary to protect the rights of the petitioner as a citizen and as a journalist to fair treatment (guaranteed by Article 14) and the liberty to conduct an independent portrayal of views. In such a situation to require the petitioner to approach the respective High Courts having jurisdiction for quashing would result into a multiplicity of proceedings and unnecessary harassment to the petitioner, who is a journalist34. The issue concerning the registration of numerous FIRs and complaints covering different states is however, as we will explain, distinct from the investigation which arises from FIR 164 of 2020 at NM Joshi Marg Police Station in Mumbai. The petitioner, in the exercise of his right under Article 19(1)(a), is not immune from an investigation into the FIR which has been transferred from Police Station Sadar, District Nagpur City to NM Joshi Marg Police Station in Mumbai. This balance has to be drawn between the exercise of a fundamental right under Article 19(1)(a) and the investigation for an offence under the CrPC. All other FIRs in respect of the same incident constitute a clear abuse of process and must be quashedBefore we elucidate the law on the subject, we must emphasize at the outset that the transfer of FIR 238 of 2020 from the Police Station Sadar, District Nagpur City to NM Joshi Marg Police Station in Mumbai was with the consent of the petitioner and on his request. The reason why the investigation of the FIR was transferred to the NM Joshi Police Station in Mumbai was because that was the police station at which an earlier FIR had been lodged by the petitioner in respect of the incident when he and his spouse were allegedly obstructed by two political activists on their way home at midnight on 23 April 2020. Having accepted the transfer of the investigation from Police Station Sadar, District Nagpur City to NM Joshi Marg Police Station in Mumbai, the petitioner now seeks to question that very investigation by the Mumbai police38. The principle of law that emerges from the precedents of this Court is that the power to transfer an investigation must be used sparingly and only in exceptional circumstances. In assessing the plea urged by the petitioner that the investigation must be transferred to the CBI, we are guided by the parameters laid down by this Court for the exercise of that extraordinary power39. As we have observed earlier, the petitioner requested for and consented to the transfer of the investigation of the FIR from the Police Station Sadar, District Nagpur City to the NM Joshi Marg Police Station in Mumbai. He did so because an earlier FIR lodged by him at that police station was under investigation. The petitioner now seeks to preempt an investigation by the Mumbai police. The basis on which the petitioner seeks to achieve this is untenable. An accused person does not have a choice in regard to the mode or manner in which the investigation should be carried out or in regard to the investigating agency. The line of interrogation either of the petitioner or of the CFO cannot be controlled or dictated by the persons under investigation/interrogation41. The contention of the petitioner that the length of the investigation or the nature of the questions addressed to him and the CFO during the interrogation must weigh in transferring the investigation cannot be accepted. The investigating agency is entitled to determine the nature of the questions and the period of questioning. The Petitioner was summoned for investigation on one day. Furthermore, the allegation of the Petitioner that there is a conflict of interest arising out of the criticism by him of the alleged failure of the State government to adequately probe the incident at Palghar is not valid. The investigation of the Palghar incident is beyond the territorial jurisdiction of the Mumbai policeThe petitioner was interrogated on 27 April 2020. The allegations which he leveled against the CP, Mumbai were in the course of a television programme on 28 April 2020 ( Poochta hai Bharat) relayed on R Bharat at 1900 hrs. As we have noted earlier, this Court has, in CPDR, West Bengal held that no transfer of investigation can be ordered merely because a party has levelled some allegations against the local police. Accordingly, we do not find that leveling such allegations would by and itself constitute a sufficient ground for the transfer of the investigation43. The interview given by the complainant to a representative of R Bharat does not furnish a valid basis in law for an inference that the investigation is tainted or as warranting a transfer of investigation to the CBI. The Government of Maharashtra has moved an application before this Court (affirmed by the DCP, Zone-3) seeking appropriate directions to insulate the investigating agency from any pressure, threat or coercion from the petitioner and to enable it to discharge its lawful duties in a fair and transparent manner. Based on the views tweeted by R Bharat on social media, it is the Maharashtra police which is now claiming a restraining order against the petitioner. We are unable to accede to the submission of the Solicitor General that the contents of the IA filed by the State would make it necessary to transfer the investigation to the CBI. The investigating agency has placed on the record what it believes is an attempt by the petitioner to discredit the investigation by taking recourse to the social media and by utilizing the news channels which he operates. Social media has become an overarching presence in society. To accept the tweets by the petitioner and the interview by the complainant as a justification to displace a lawfully constituted investigation agency of its jurisdiction and duty to investigate would have far-reaching consequences for the federal structure. We are disinclined to do so44. In assessing the contention for the transfer of the investigation to the CBI, we have factored into the decision-making calculus the averments on the record and submissions urged on behalf of the petitioner. We are unable to find any reason that warrants a transfer of the investigation to the CBI. In holding thus, we have applied the tests spelt out in the consistent line of precedent of this Court. They have not been fulfilled. An individual under investigation has a legitimate expectation of a fair process which accords with law. The displeasure of an accused person about the manner in which the investigation proceeds or an unsubstantiated allegation (as in the present case) of a conflict of interest against the police conducting the investigation must not derail the legitimate course of law and warrant the invocation of the extraordinary power of this Court to transfer an investigation to the CBI. Courts assume the extraordinary jurisdiction to transfer an investigation in exceptional situations to ensure that the sanctity of the administration of criminal justice is preserved. While no inflexible guidelines are laid down, the notion that such a transfer is an extraordinary power to be used sparingly and in exceptional circumstances comports with the idea that routine transfers would belie not just public confidence in the normal course of law but also render meaningless the extraordinary situations that warrant the exercise of the power to transfer the investigation. Having balanced and considered the material on record as well as the averments of and submissions urged by the petitioner, we find that no case of the nature which falls within the ambit of the tests enunciated in the precedents of this Court has been established for the transfer of the investigationWe will clarify this in our final directions48. Before we conclude, it is necessary to advert to the interim order of this Court dated 24 April 2020. By the interim order, the petitioner has been granted liberty to move the competent court in order to espouse the remedies available under the CrPC. Hence, we clarify that this court has not in the present judgment expressed any opinion on the FIR which is under investigation at the NM Joshi Marg Police Station in Mumbai49. We hold that it would be inappropriate for the court to exercise its jurisdiction under Article 32 of the Constitution for the purpose of quashing FIR 164 of 2020 under investigation at the NM Joshi Marg Police Station in Mumbai. In adopting this view, we are guided by the fact that the checks and balances to ensure the protection of the petitioner?s liberty are governed by the CrPC. Despite the liberty being granted to the petitioner on 24 April 2020, it is an admitted position that the petitioner did not pursue available remedies in the law, but sought instead to invoke the jurisdiction of this Court. Whether the allegations contained in the FIR do or do not make out any offence as alleged will not be decided in pursuance of the jurisdiction of this Court under Article 32, to quash the FIR. The petitioner must be relegated to the pursuit of the remedies available under the CrPC, which we hereby do. The petitioner has an equally efficacious remedy available before the High Court. We should not be construed as holding that a petition under Article 32 is not maintainable. But when the High Court has the power under Section 482, there is no reason to by-pass the procedure under the CrPC, we see no exceptional grounds or reasons to entertain this petition under Article 32. There is a clear distinction between the maintainability of a petition and whether it should be entertained. In a situation like this, and for the reasons stated hereinabove, this Court would not like to entertain the petition under Article 32 for the relief of quashing the FIR being investigated at the NM Joshi Police Station in Mumbai which can be considered by the High Court. Therefore, we are of the opinion that the petitioner must be relegated to avail of the remedies which are available under the CrPC before the competent court including the High Court50. By the order of this Court dated 24 April 2020, the petitioner was protected against coercive steps for a period of three weeks. The period which was due to expire on 14 May 2020 was extended, when judgment was reserved on 11 May 2020, pending the decision of this Court. We are inclined to extend that protection for a further period of three weeks, particularly having regard to the outbreak of Covid-19, so as to leave adequate time to the petitioner to pursue his remedies before the competent forum51. As we have noted earlier, multiple FIRs and complaints have been filed against the petitioner in several states and in the Union Territories of Jammu and Kashmir. By the interim order of this Court dated 24 April 2020, further steps in regard to all the complaints and FIRs, save and except for the investigation of the FIR lodged at Police Station Sadar, District Nagpur City were stayed. The FIR at Police Station Sadar, District Nagpur City has been transferred to NM Joshi Marg Police Station in Mumbai. We find merit in the submission of Mr Kapil Sibal, learned Senior Counsel that fairness in the administration of criminal justice would warrant the exercise of the jurisdiction under Article 32 to quash all other FIRs (save and except for the one under investigation in Mumbai). However, we do so only having regard to the principles which have been laid down by this Court in TT Antony. The filing of multiple FIRs arising out of the same telecast of the show hosted by the petitioner is an abuse of the process and impermissible.