The Delhi High Court today refused to entertain a plea by Republic TV editor-in-chief, Arnab Goswami challenging an order to register an FIR against him..Earlier this year, Metropolitan Magistrate Dharmender Singh had directed the Delhi Police to register an FIR against Republic TV and Goswami on a complaint filed by Shashi Tharoor..Tharoor had filed a complaint against Arnab Goswami for allegedly accessing confidential documents relating to the SIT probe in Sunanda Pushkar’s death..The matter was listed for hearing today before a Single Judge Bench of Justice Najmi Waziri. The Bench passed the order after a preliminary objection to the maintainability of the petition was raised by Delhi Police..Standing Counsel Rahul Mehra argued that the jurisdiction of the High Court under Article 226-227 of the Constitution of India could not be invoked when an equally effective remedy is available..Mehra submitted that the order of the Trial Court was subject to revision, hence that remedy should be exhausted before approaching the High Court..With respect to Goswami’s prayer on granting protection from coercive action, Mehra stated that he should file an anticipatory bail application instead..Appearing for Goswami, Senior Advocate Sandeep Sethi argued that there was no prima facie case of ‘theft’ as the documents were never in legal possession of Tharoor..The complaint, if any, should have been come from Delhi Police, Sethi contended..Sethi also relied on Article 19(1)(a) of the Constitution and urged the Court to uphold the Freedom of Press..After hearing the parties, the Court dismissed the petition for not being maintainable. It nonetheless allowed the parties to pursue the appropriate legal remedies available in law..Shashi Tharoor was represented by senior advocate Vikas Pahwa with advocate Gaurav Gupta.
The Delhi High Court today refused to entertain a plea by Republic TV editor-in-chief, Arnab Goswami challenging an order to register an FIR against him..Earlier this year, Metropolitan Magistrate Dharmender Singh had directed the Delhi Police to register an FIR against Republic TV and Goswami on a complaint filed by Shashi Tharoor..Tharoor had filed a complaint against Arnab Goswami for allegedly accessing confidential documents relating to the SIT probe in Sunanda Pushkar’s death..The matter was listed for hearing today before a Single Judge Bench of Justice Najmi Waziri. The Bench passed the order after a preliminary objection to the maintainability of the petition was raised by Delhi Police..Standing Counsel Rahul Mehra argued that the jurisdiction of the High Court under Article 226-227 of the Constitution of India could not be invoked when an equally effective remedy is available..Mehra submitted that the order of the Trial Court was subject to revision, hence that remedy should be exhausted before approaching the High Court..With respect to Goswami’s prayer on granting protection from coercive action, Mehra stated that he should file an anticipatory bail application instead..Appearing for Goswami, Senior Advocate Sandeep Sethi argued that there was no prima facie case of ‘theft’ as the documents were never in legal possession of Tharoor..The complaint, if any, should have been come from Delhi Police, Sethi contended..Sethi also relied on Article 19(1)(a) of the Constitution and urged the Court to uphold the Freedom of Press..After hearing the parties, the Court dismissed the petition for not being maintainable. It nonetheless allowed the parties to pursue the appropriate legal remedies available in law..Shashi Tharoor was represented by senior advocate Vikas Pahwa with advocate Gaurav Gupta.