Arnab Goswami Recklessly Booked In Fake News FIR, Dragged Only For Being Renowned Media Person: Karnataka High Court

Justice M Nagaprasanna said “Petition allowed and quashed.” The court before passing the order orally observed “Court wants to know what's the offence against Arnab Goswami, absolutely nothing, abuse on its face.” The police had registered an offence under Section section 505 (2) (Statements creating or promoting enmity, hatred or ill-will between classes) of Indian Penal Code.

In its order the high court observed that what was aired in the present case was the alleged false report, that the convoy of the Chief Minister had to pass and an ambulance has to wait.The court said that even if it is construed to be true, it is "un-understandable" how the ingredients of Section 505(2) is met even to its remotest sense.

The court further said:

"Therefore, merely because the petitioner is a renowned name in the fourth estate, he is without rhyme and reason dragged into the web of crime, only to project registration of a crime against the petitioner, which on the face of it, is reckless. At the time of hearing of the petition, to a pointed query, that 'the Court wants to know what offence the petitioner has committed', there is no reply. Therefore, he has done nothing, ostensibly, so as the petitioner has not committed any offence as observed hereinabove, the petitioner is dragged in only because he is Arnab Goswami. It is ununderstandable as to how the petitioner could be dragged into this. He being the Editor in-Chief or Executive Director of Republic Media Network, he has neither made a statement nor aired anything to promote hatred between the classes. It is the averment that he is not incharge of day-to-day affairs or minute to minute details of what is aired on R.Kannada. There fore, it becomes a classic illustration of dragging the petitioner only to settle other scores. Recklessness pervades throughout the registration of the complaint". 

After examining the provision and judgments the court observed that none of the ingredients of Section 505(2) were made out even in the remotest sense and even permitting an  investigation against Goswami would result in gross abuse of the process of the law by the prosecution which would "undoubtedly result in patent injustice".

"...permitting investigation even, in the case at hand would become an abuse of the process of the law and result in miscarriage of justice.Therefore, it deem it appropriate obliterate the damocless word hanging on the head of the petitioner of a irresponsible crime registered against him," the court said. 

Earlier while granting interim order of stay the court had said “It is ununderstandable as to how the section is applicable to its remotest sense in the case at hand. Therefore it is a reckless registration of crime by respondent no 2. If such crime are permitted to continue it will amount to abuse of process of law. There shall be an interim order of stay of all further investigation till next date of hearing, January 16, 2025.”

On the complaint filed by the office bearer of Karnataka Pradesh Congress Committee the police had registered the FIR. It is alleged that on March 27 around 7.15 p.m., R Kannada channel aired a news story claiming that traffic on M. G. Road in Bengaluru was stopped to enable passage for Chief Minister Siddaramaiah and, hence, an ambulance was stuck.

However, at that time, Chief Minister Siddaramaiah was not in Bengaluru. He was in Mysuru, according to the complainant. Senior advocate Arun Shyam appearing for petitioner submitted that the alleged video was deleted within 24-hours.

Case Title: ARNAB GOSWAMI AND State of Karnataka

Case No: WP 34162/2024

Citation No: 2025 LiveLaw (Kar) 57

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