Republic TV making TRP Scam a "media spectacle", 19(1)(a) cannot be a shield against commission of crime: Mumbai Police to Supreme Court

In an affidavit filed before the Supreme Court, the Mumbai Police has said that Republic TV is attempting to turn the FIR in the TRP scam case into a “media spectacle”, and that rights under Article 19(1)(a) of the Constitution cannot act be used as a shield against commission of a crime..Republic TV's Chief Financial Officer S Sundaram had moved the Supreme Court challenging the summons issued to the network in relation to the TRP scam claimed to have been unearthed by Mumbai Police.The petition filed in the Apex Court challenges the October 9 summons issued to the CFO of the Republic Media Network in relation to investigation in FIR CR No. 143 of 2020..[Breaking] TRP Scam: Republic TV CFO moves Supreme Court challenging Mumbai police summons.Terming the writ petition as a gross abuse of process of law, the Mumbai Police has urged the Court to dismiss the plea with exemplary costs. The affidavit reads,“Any investigation in an alleged crime by an investigating agency cannot be urged as a ground for violation of rights under Article 19 (1) (a). Article 19 (1) (a) cannot be used to side-step, thwart, or prevent any investigation by a competent agency into the alleged fudging of the TRP ratings. Right under 19(1)(a) is not a shield which can be used against the commission of any crime under the extant criminal law of the land.”.The affidavit states that the allegations contained in the FIR cannot be decided at this stage of the proceedings and that there is “no exceptional circumstance which warrants the interference of the Court under Article 32”..Pointing to the fact that officers of several TV channels were summoned in the case, the Police has submitted that all have been co-operating in the investigation.“None of the TV channels have raised any grievance with regard to the investigation being carried out by Mumbai police. Line of interrogation or investigation cannot be dictated by the persons who are being investigated.”.In his plea before the Apex Court, the Republic TV CFO had prayed for the probe to be transferred to the Central Bureau of Investigation (CBI). However, the Mumbai Police states that “no person has a vested right to be investigated by a particular agency.”The affidavit states that Republic TV had been conducting debates regarding the TRP scam and has been “contacting witnesses” who are being summoned by the police to investigate the case. It is claimed,“Petitioners are directly interfering and intimidating the witnesses by issuing news releases.”.It is further averred that when two employees of the channel were called for questioning under Section 160 of the Code of Criminal Procedure (CrPC), the channel had run a program stating that the employees will not reveal certain information.The police maintain that the anticipated comments on the summons “were totally uncalled for and the FIR is being attempted to convert into a media spectacle”.."Such a media trial is antithetic to the process of free and fair investigation as also administration of justice."Affidavit filed by Mumbai Police.On October 8, the Mumbai Police arrested owners of channels Fakt Marathi and Box Cinema after the Detection Crime Branch busted a TRP racket which the police suspect involves an amount of over Rs 100 crore.Mumbai Police Commissioner Param Bir Singh announced that the Additional Chief Metropolitan Magistrate, Borivali has granted custody over the owners of the Marathi channel to the Mumbai Police till October 9.He added that the owners have been charged with offences under Sections 409 (criminal breach of trust) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code..Mumbai Police arrests owner of Fakt Marathi and Box Cinema: Republic TV to be investigated says Mumbai Police.Singh apprised the media that the Mumbai Police is presently investigating the amount that was received for manipulating TRP ratings.The Broadcast Audience Research Council (BARC), an organisation under the Union Ministry of Information & Broadcasting, and the Telecom Regulatory Authority of India (TRAI) measure TRPs with the help of barometers.This installation of barometers was done by a company called Hansa Research Group. The data on the location of the barometer was confidential and known to Hansa apart from the BARC.The Crime Branch discovered that some employees of Hansa have been manipulating the 'sampling metering services' by paying people to watch particular TV channels. The Crime Branch arrested one Vishal Ved Bhandari, who revealed that he used to increase the TRP of media channels by offering money to panel homes.During their interrogation, these homeowners agreed that they had received money to keep their TV sets switched on to a particular channel, even if they did not want to watch it.