'Attempt To Suppress Journalistic Freedom': Rajasthan High Court Orders No Coercive Steps Against Republic's Arnab Goswami In 'Hatred' FIR

The Rajasthan High Court in an interim order directed that no coercive steps will be taken against media house Republic's Editor in Chief Arnab Goswami in a "hatred" FIR registered against him in respect to a news report by Republic Bharat on the demolition of a temple.

In doing so the court underscored that "mere reporting of an event of public interest, devoid of inflammatory intent or impact" cannot be construed as an offence under Section 153A IPC.

For context, Section 153A penalizes acts that promote enmity between different religious, racial, language, or regional groups or castes or communities. It further said that the continued investigation against Goswami, despite the apparent lack of evidence, suggested an "attempt to suppress journalistic freedom" and to subject Goswami to "unwarranted legal proceedings". 

Justice Farjand Ali in his order said, "Upon perusal of the contents of the FIR, it prima facie appears that the allegations against the Petitioner lack substantive material connecting him to the alleged offences. The FIR does not annex any transcripts, video clippings, or substantial evidence to demonstrate that the Petitioner, in his personal capacity, has made statements or engaged in acts that could invoke the provisions of Section 153A of the IPC. The absence of such material renders the allegations speculative and unsubstantiated". 

The court perused through the provision and said that for an offence under this provision to be made out, it must be established that the accused has either: By words (spoken or written), signs, or visible representation, promoted or attempted to promote enmity, hatred, or ill-will between different communities; or Committed acts prejudicial to the maintenance of harmony, disturbing public tranquility.

It thereafter said, "A careful reading of the FIR and the submissions made before this Court indicate that the essential ingredients of Section 153A are not satisfied in the present case. The FIR neither specifies the exact statements nor provides any documentary or electronic evidence to show that the Petitioner has engaged in speech or conduct that incites enmity or disharmony. The lack of specificity in the allegations raises serious doubts about the bona fides of the prosecution's case. Moreover, it is well settled in law that the invocation of Section 153A requires a direct and deliberate act of promoting enmity or hatred. For an offence under Section 153A to be constituted, the alleged words or acts must be clearly intentional, targeted, and capable of inciting disorder or violence. Mere reporting of an event of public interest, devoid of inflammatory intent or impact, cannot be construed as an offence under Section 153A". 

The high court further said that the  allegations in the FIR, even if taken at face value, do not disclose the commission of an offence under Section 153A IPC and even if taken at face value, the contents in the FIR do not disclose the commission of an offence under Section 153A of the IPC.

"The continued investigation, despite the apparent lack of evidence, suggests an attempt to suppress journalistic freedom and subject the Petitioner to unwarranted legal proceedings. Accordingly, the present Stay Application is allowed. It is directed that till the disposal of the main petition, no coercive measures shall be taken against the Petitioner in connection with FIR No. 276/2022 of Police Station Ambamata, Udaipur," the court directed. 

Goswami's counsel contended that he is the Editor-in-Chief of the Republic Media Network and has been falsely implicated in a 2022 registered under IPC Section 153A, in pursuance of news reporting conducted by Hindi news channel Republic Bharat regarding the demolition of a temple in Rajgarh, Rajasthan.

It was argued that the Petitioner is neither involved in the editorial decision-making of Republic Bharat nor has he participated in any capacity in the telecast, debate, or broadcast relating to the said news.

It was argued that the FIR is a manifest abuse of the legal process, driven by extraneous considerations and political vendetta. It was further argued that the selective initiation of criminal proceedings against the Petitioner while similar reports were aired by various media houses raises a serious question about the impartiality of the investigation and its  underlying motive. It appears that the registration of the FIR is aimed at intimidating and silencing independent journalism, which is a fundamental pillar of democracy, the petitioner said. 

Case title: Arnab Goswami v/s State Of Rajasthan and Another