Calcutta High Court quashes FIR against Arnab Goswami for comments made by TV debate panelist against Marwaris

The Calcutta High Court recently quashed the criminal proceedings against journalist Arnab Goswami and Republic TV in relation to a comment made by a television debate panelist against West Bengal's Marwari community [Mr Arnab Goswami & Anr v The State of West Bengal & Anr]. .Justice Shampa Dutt (Paul) said that the offences of defamation, promoting enmity between two groups, imputation prejudicial to national integration or criminal conspiracy are not made out against Goswami and his channel Republic TV as they had distanced themselves from the comments. “In the present case, the petitioners having distanced themselves from the statements made by the panelist condemned such opinions expressed on a public platform and have done so on every platform (public) where it was available for viewing… The petitioners have condemned the act of the panelist having distanced themselves from him and his views. It is for the said panelist to issue an apology if he desires to do so,” the Court said. It ordered, “The proceeding in Phoolbagan P.S. Case No. 99/2020 dated 22nd April, 2020 under Section 153A/153-B/500/504/120B of the Indian Penal Code are hereby quashed along with all notices therein under the Cr.P.C. in respect of the petitioners herein, being Arnab Goswami and ARG Outlier Media Private Limited.” .The case related to comments made by one Subhojit Ghosh on April 21, 2020 on a live debate on Republic TV. During the debate on the Covid pandemic, Ghosh said, “Arnab I have a simple question, I have a simple question to the BJP person that the central team will investigate the, the black marketing of the dishonest Marwaris in West Bengal?” The FIR came to be registered at Phoolbagan police station after one Man Mohan Bagri made a complaint. .However, the court noted that the comments were immediately condemned by Goswami and others on the panel. Therefore, it quashed the proceedings against the journalist and his company. .Senior Advocates Mahesh Jethmalani and Sandipan Ganguly along with advocates Apalak Basu, Saket Shukla, Nazir Ahmed, Zoeb Cuteriywala, Smita Mukherjee and Saheli Bose appeared for Arnab Goswami. The state of West Bengal was represented through Advocate General Kishore Dutta, Additional Public Prosecutor Rudradipta Nandy and advocate Sanjana Saha..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.