Justice Nagaprasanna questions the basis of the complaint, calls FIR a “reckless registration of crime”
The Karnataka High Court on Tuesday granted an interim stay on the investigation against journalist and Republic TV Editor-in-Chief Arnab Goswami in a case accusing him of spreading fake news about Karnataka Chief Minister Siddaramaiah. The case was filed following a private complaint by Karnataka Congress member Ravindra MV.
Goswami was booked under Section 505(2) of the Indian Penal Code (IPC), which penalizes statements that promote enmity, hatred, or ill-will between classes. However, Justice M Nagaprasanna firmly held that the provision could not apply “even in its remotest form” in the present case.
“The Court wants to know, what is the offence?” Justice Nagaprasanna asked during the hearing. While granting interim relief to Goswami, the Court observed: “What has Arnab Goswami done? There is a plethora of things brought out by him. It might have proved good for some and bad for others but where is the case of inciting? We will hear both parties, but now we will stay the investigation.”
The FIR stemmed from a Republic TV Kannada news report aired on March 27, 2024. The report alleged that traffic on Bengaluru’s MG Road had been halted to make way for Chief Minister Siddaramaiah’s convoy, causing delays for an ambulance. The complainant, Ravindra MV, contended that the report was false, as Siddaramaiah was not in Bengaluru at the time but in Mysuru.
Appearing for Goswami, Senior Advocate Aruna Shyam emphasized that the channel had retracted the news and deleted it within 24 hours after realizing it was inaccurate. “The complainant has been overenthusiastic and has even ‘suggested’ which provision of the IPC should be invoked,” Shyam told the Court.
The High Court, while questioning the rationale behind invoking Section 505(2), said, “It is not understandable how 505(2) could spring even in the remotest sense in the present case. Therefore, it is a case of reckless registration of crime by the complainant.”
The Court underscored that allowing such cases to proceed would amount to “an abuse of the process of the law.”
The matter is now scheduled for a hearing on January 16, 2025, when the Court will consider Goswami’s plea to quash the FIR. Until then, the interim stay will remain in effect.
Key Takeaways:
- The Court stayed the investigation against Goswami, questioning the invocation of Section 505(2) IPC.
- The news report in question was deleted within 24 hours after being identified as inaccurate.
- Justice Nagaprasanna termed the FIR a “reckless registration of crime.”
