Want assurance of responsible reporting from Republic TV: CJI SA Bobde observes

Chief Justice of India SA Bobde today orally observed that the Court would like a sense of assurance of responsible reporting from Republic TV and its Editor-in-Chief Arnab Goswami..The CJI made this remark while hearing a petition filed by the State of Maharashtra challenging the Bombay High Court's order to suspend the FIRs lodged against Goswami in June..Senior Advocate Abhishek Manu Singhvi, representing the State of Maharashtra, questioned how an entire investigation can be stayed, and urged the Court to allow the investigation to continue, while conceding that no coercive action will be taken against Goswami. Singhvi submitted that Goswami would neither be arrested nor be summoned for questioning without proper notice..Appearing for Goswami, Senior Counsel Harish Salve argued that the FIR against Goswami was not a genuine one. He buttressed his argument by highlighting the Mumbai Police's recent FIR against the entire editorial staff of the channel..CJI Bobde, however, observed that while press freedom is absolutely crucial, nobody can claim to be immune to being questioned. He added,"The peace and harmony of the society is what matters to the Court...there are some areas where everyone must tread with caution.".The Court also made remarks on the trend of rhetoric being used as part of reportage, observing that "this is not the kind of public discourse we must have"..As regards Goswami and his questioning by the Mumbai Police, Singhvi submitted that the State is ready to assure that no coercive action would be taken. He added a rider that a message must not go out that some people are above the law..While assuring Singhvi that no person is above the law, CJI Bobde said that sometimes, the law is used against some people with a higher intensity, warranting greater protection for such persons..As the hearing drew to a close, the Court directed Goswami and the State of Maharashtra to file their respective affidavits giving details of all the cases and FIRs registered against Goswami, Republic TV and other connected persons. It will hear the matter next after two weeks..The State of Maharashtra had moved the Supreme Court against the order of the Bombay High Court passed in June this year, by which the FIR against Goswami in relation to allegations of spreading communal disharmony was suspended..The High Court had also directed that no coercive action be taken against the anchor, as there was no prima facie case made out.."Prima facie, no offence as alleged can be made out" Bombay High Court suspends FIR against Arnab Goswami, directs for no coercive action.Two separate FIRs were registered against Goswami for spreading communal disharmony in relation to his debate programs on the Palghar lynching incident and the Bandra migrant workers incident that took place in April this year..Goswami had moved the Supreme Court at first instance, seeking quashing of the multiple FIRs registered against him in various states. The Supreme Court had kept one FIR alive which was registered in Maharashtra and directed him to approach the appropriate forum for quashing the same. It was then that the Anchor moved the Bombay High Court..In its order, the Bombay High Court had observed, ."We cannot have the spectacle of a Damocles' sword hanging over the head of a journalist while conducting a public debate. India is now a mature democracy. Seventy years into our republic we cannot be seen to be skating on thin ice so much so that mere mention of a place of worship will lead to animosity or hatred amongst religious communities causing upheaval and conflagration on the streets. Subscribing to such a view would stifle all legitimate discussions and debates in the public domain.”.Arnab Goswami: Why the Bombay High Court concluded that no prima facie case of spreading communal disharmony was made out.Keeping alive the challenge to Sections 153A (promoting enmity between different groups on grounds of religion etc) and 153B(1) (imputations, assertions prejudicial to national-integration) of the Indian Penal Code that Goswami made, the Court suspended the FIRs. .This brought the State of Maharashtra to Supreme Court in appeal.