[TRP Scam] Republic TV trying to play victim, cannot challenge proceedings when it is not an accused: Mumbai Police to Bombay High Court

The Mumbai Police has claimed that Republic TV is trying to play 'victim' and attempting to transfer the probe in the Television Points Rating (TRP) scam from the Mumbai Police to CBI..In an affidavit filed before the Bombay High Court, the Mumbai Police submitted that Republic TV is not an accused before the trial court and its rejoinder affidavit challenging the criminal proceedings and seeking transfer of probe to an agency other than Mumbai police cannot be done by an entity which is not an accused..Only individuals and personnel of Republic TV have been named as suspects in light of the preliminary investigation, the Mumbai Police said. .“Merely naming such persons as suspects does not in any manner interfere with any right of such persons, much less a fundamental right. Such action cannot be the basis for quashing an entire investigation/ chargesheet/ supplementary charge-sheet,” the affidavit stated. .This exercise sought to be carried out by Republic TV can be done only at the instance of a named accused, and not by a third party seeking to adopt causes of persons who are named as accused, the Mumbai Police contended. .The affidavit was filed in response to to the rejoinder affidavit filed by ARG Outlier Media Pvt. Ltd. (holding company for Republic TV channels) in ARG’s plea challenging the criminal proceedings initiated against their channel and the employees in the TRP Scam case..Republic TV’s rejoinder has travelled far beyond the ambit of the writ jurisdiction and expects the High Court to conduct an exercise in appreciation of fact and allegations, which is within the domain of trial courts, it was submitted by Mumbai Police. .They further said that the powers to quash the FIR/ chargesheet or investigation ought to be exercised with utmost caution..“Reliance on documents that are not a part of the record of the Trial Court also only ought to be on the basis of unimpeachable documents produced by an accused in the rarest of rare cases,” the affidavit filed by Mumbai Police said..It underscored that Republic TV is presently not an accused before the trial court and could not have placed material that is neither impeachable in nature, nor is a part of the record before trial court..It was also alleged that the news channel is seeking to play ‘victim’ and attempting to make out a desperate case, by some contention or other to transfer the investigation of the present obvious jurisdiction of the agency for investigating the matter..The affidavit also claimed that Republic is trying to obfuscate the proceedings in the present FIR by invoking and tagging the outcomes of proceedings in the other FIRs (abetment to suicide case of Raigad, incitement of riots of Bandra) which are yet to achieve finality..“These are independent offences and should not be seen from the prism of the imaginative and self-serving argument of vendetta as professed by the petitioners in the subject proceedings,” the affidavit stated.Moreover, Republic TV has adopted a vacillating approach in its rejoinder, the police claimed. .On the one hand it states that there is no case at all and hence petition should be quashed. On the other hand it also states that the investigation of the offences are within the sole domain of Telecom and Regulatory Authority of India (TRAI) and the investigation ought to be transferred to the Central Bureau of Investigation..“Such averments are all the more undeserving of indulgence in that the petitioners have not been named as ‘accused’ in the chargesheet or supplementary chargesheet, as so interested in scuttling the investigations and taking the same away from the investigating agency that would ordinarily exercise jurisdiction…” Mumbai Police submitted..The Mumbai Police previously stated in its reply to ARG's plea that it was not maintainable, as the employees of Republic TV have not even been named as accused..[TRP Scam] Republic employees not even named accused yet, petition not maintainable: Mumbai Police reply to Republic plea.The case is likely to come up for hearing on March 16, 2021..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.