[TRP Scam] Republic TV v. Mumbai Police: Highlights of the hearing in the Bombay High Court today

The preliminary hearing today before the Bombay High Court in the plea moved by Republic TV against the ongoing investigation in the TRP scam saw Senior Counsel Kapil Sibal and Harish Salve lock horns over whether Republic and its Editor-in-Chief Arnab Goswami are being treated in an unfair manner by the Mumbai Police..Whereas Salve contended that the High Court should intervene as the Mumbai Police is biased against Republic TV, Sibal countered that there is no question of mala fide or need for interim relief, given that the probe is still at a nascent stage. .Highlights of the hearing today.FIR reeks of malafide: Salve for Republic TV.Salve argued, "The FIR is reeking of malafides. It is an attempt to suppress the voice of the petitioners, prima facie...The FIR says 420 (Section 420, IPC which deals with "cheating"). God knows how it is 420. Who has been cheated?".Noting that Section 409 of the Indian Penal Code - which deals with criminal breach of trust by public servant, or by banker, merchant or agent - has also been mentioned in the FIR, Salve added, "How does 409 come to this? Everybody is a private organisation.".He proceeded to submit a trail of events to argue that Republic was being targetted. In this regard, the following submissions were made:.The genesis of the matter lay in Republic TV's coverage of the Palghar lynching case, wherein the conduct of the Maharashtra government was criticised. Earlier, several FIRs were registered "on the behest of the Congress Party" for reports criticising the Congress Party President. Multiple FIRs filed on this issue, by those having allegiance to the Congress party, were later quashed by the Supreme Court for being reproductive.On September 10, the Shiv Sena wrote to cable operators asking them to stop airing Republic TV channels stating that the media outlet had insulted the Maharashtra Chief Minister and made offensive remarks. The Bombay High Court declined to grant Republic relief stating that they can approach other appropriate authorities. In any case, the letter to the cable operators did not work. On September 16, Privilege Committee proceedings were initiated against Goswami. On September 30, the Supreme Court issued notice in the petition filed against the same.Then came the FIR in the TRP scam.."The whole thing is a thinly disguised excuse...", Salve argued while asserting that there are strong allegations of mala fides on the part of the Mumbai Police..As such, Salve asserted that the Court should intervene, adding that there are caselaws which call for the same as well. If at all a probe is required in the matter, it should not be handled by the Mumbai Police as it is biased against Republic, Salve concluded. .On this aspect, Salve also highlighted that while Republic has not been named in the FIR, the Mumbai Police Commissioner specifically levelled allegations against Republic TV in a press interview. ."The interview by Mumbai Police commissioner shows malice in fact...I have genuine apprehensions about how they are going to treat the petitioner, my Lord. Tomorrow they may call him (Goswami), arrest him... There was no need for calling a press conference and making these statements - it gives apprehension that the Police is not acting out of duty", Salve argued..Sibal interjected to point out that the Commissioner never mentioned Goswami's name, and that the press interview statements only referred to Republic TV. Salve, however, countered, ."Arnab Goswami is Republic TV! When Republic TV runs a 'bad show', Arnab Goswami is to blame. But if Republic TV is accused, then (it is) 'who is Arnab Goswami?' Very nice!"Harish Salve.Petition is entirely premature: Sibal for State of Maharashtra."There is no mention of Republic in the FIR, so how can it be quashed (through Republic's petition)?", Sibal contended. He asserted that in any case, the petition is entirely premature given that the investigation in the TRP scam case had only begun. "It relates to an FIR which involves allegations of paying cash for getting TRPs to make commercial profits. Three channels are prima facie involved. The investigation is still going on... That investigation is still in the nascent stage.".Sibal added that the Palghar incident, the Privilege Committee proceedings, and the earlier FIRs filed against Republic (in respect of which the Supreme Court had intervened) had nothing to do with the TRP scam case..Further, Sibal told the Court that the caselaw relied on by Salve to state that the Court should intervene when allegations of mala fides are made is a civil case. The instant matter concerns a criminal case, on the other hand. "The concept of malafide is entirely different in criminal proceedings", Sibal argued, adding,."In a criminal case, what is relevant is materials produced consequent to an investigation. That material is not yet unearthed, it is not before the court. So how does malafide come at this stage?"Kapil Sibal.Sibal went on to assert, "At this point in time, I don't think this court should interfere to give any interim relief. Investigation is going on. There may be many more media channels involved. This may be happening at various levels. This is something to be investigated.".Responding to a request made by Salve for interim orders to protect Goswami from arrest, Sibal also remarked, "He is like any other citizen. He does not have special privileges just because he is a member of the press. If there is evidence against him, what is the malafide?"."Something will have to be done" about details of senstive cases being divulged by probe agencies to media: Bombay High Court.The Bench of Justices SS Shinde and MS Karnik also took note today that there is a tendency on the part of investigating officers to disclose details regarding ongoing investigations in sensitive cases to the media. Taking critical note of the same, the Court orally remarked, "Something will have to be done. Not only in the present case this is happening, but it has been happening in other matters where the investigation is in progress. Officers are not supposed to give incriminating material to the media."."I entirely agree", Sibal responded. He added,"In fact, even I have raised my voice. When an investigation by CBI, NIA etc. is being conducted, the officers continually give media statements to prejudice trial. I personally feel something should be done.".Sibal went on to argue that there is another side to the issue i.e. media trials being conducted in sensitive cases. Sibal said,"Media trial is going on TV channels including the channel my learned friend is representing (Republic). This has even been deprecated by Supreme Court. When you (media channel) target a police officer, what is the police officer to do? Then other media channels come to the police officer and put questions to him. It is a vicious circle. I am not blaming anybody.".Having commented thus, Sibal went on to assure the Court, "Lordships may record my statement, I shall not go to the media during this case. But they should also not do a media trial on their channel. It cannot be that you have a media trial going on...".After hearing preliminary arguments today, the Court proceeded to fix the matter for final hearing on November 5. .Given that Republic TV has not been arrayed as an accused, the Bench took note that a summons would have to be issued first if the channel is later named as an accused. Salve submitted that in case such a summons is issued, Goswami would appear and cooperate with the authorities..[TRP Scam] Republic not named in FIR, Arnab Goswami will cooperate if summons is issued: Bombay High Court told.The Bench observed that there is no question of arrest arising as of yet. In view of the same, the Court has not passed any specific order restraining any authority from arresting Goswami or others representing the channel.