The court observed that while journalists have the fundamental right to speak truth to power, this right was not absolute.
The Supreme Court on Tuesday refused to quash the first information reports filed against Republic TV Editor-in-Chief Arnab Goswami for his comments against Congress President Sonia Gandhi in the Palghar lynching case, PTI reported. The court also refused to transfer the inquiry in the defamation case to the Central Bureau of Investigation.
However, the bench headed by Justice DY Chandrachud extended the interim protection granted to the journalist by three weeks. The top court also directed the Mumbai police commissioner to provide him protection, according to Live Law.
“There can be no quashing of FIR under Article 32,” the court said. “The petitioner has the liberty to pursue remedy before the competent court. The FIR does not cover offence of criminal defamation, therefore it is not necessary to address prayer on that issue.”
The court observed that while journalists have the fundamental right to speak truth to power, this right was not absolute. “The language, content and sequencing of complaints is identical,” it said. “Multiple complaints will have a stifling effect. The right of journalists under Article 19(1)(a) is higher and free citizens cannot exist without free media. Questions you cannot answer are better than questions you cannot question.”
The judges also confirmed the earlier interim order passed on April 24, allowing the consolidation of several FIRs and their transfer to Mumbai.
The case
Goswami had launched a full-blown attack on Gandhi and claimed that she had orchestrated the Palghar lynching in Maharashtra. Three Mumbai residents, who were on their way to Silvassa on April 16, were lynched by local residents in Gadakchinchale village of Palghar district on the suspicion that they were thieves. Two of the men were sadhus.
The Republic TV anchor had questioned Gandhi’s silence on the incident and made some provocative allegations. “Would Sonia Gandhi have been quiet if Muslim preachers or Christian saints had been killed instead of Hindu sants?” Goswami had asked on his show. “She’s quiet today, but I think she feels happy that Hindu sants were killed in a state where Congress has a stake in the government. She will send a report to Italy about the fact that she is getting Hindu sants killed in Maharashtra.”
On April 23, Goswami had accused the Congress of attacking him and his wife Samyabrata Ray when they were returning home from work. The Mumbai Police made arrests in connection with the attack.
