New Delhi: The Supreme Court today refused Republic TV’s petition for a CBI enquiry into the allegations against the channel for manipulating viewership numbers. The top court said that the channel should petition Mumbai High Court first “like any other citizen facing investigation,” as reported in tweets by Bar & Bench.
Republic TV, Fakt Marathi and Box Cinema are the three channels that are being investigated by Mumbai Police for rigging TRP ratings. The investigation is based on a complaint by Hansa, a private company gauging the viewership of channels.
The three-judge bench comprising Justice D Y Chandrachud, Indu Malhotra and Indira Banerjee, said the channel should approach the High Court first.
“Mr. Salve, I think your client has an office in Worli and I think Worli to Flora Fountain would be the closest…You should go to Bombay HC,” Justice DY Chandrachud said.
Hearing begins.
Senior Adv Harish Salve appears for Republic Network
Justice Chandrachud: Your client’s office is in Worli, you can go to flora fountain and approach Bombay HC under Article 226
— Bar & Bench (@barandbench) October 15, 2020
“You have already filed a petition in high court. Entertaining this petition without high court sends message that we don’t have faith in high courts. Like any other citizens faces predicament of probe under Cr.P.C (Criminal Procedure Code) must go to high court,” the court said.
Republic TV advocate Harish Salve, voiced concern over the police commissioner’s media interviews. “We are also concerned with the tendency of police commissioner to give interviews nowadays,” Justice DY Chandrachud replied to Mr Salve.
Justice Chandrachud: we are also concerned by the way police commissioners are giving interviews to the press these days
Justice Indu Malhotra: We are only saying approach the HC first
Justice Chandrachud: without HC venturing into it, it will not be appropriate for us
— Bar & Bench (@barandbench) October 15, 2020
Mumbai Police had opposed Republic TV’s petition to the Supreme Court, in an advance petition filed last night. Mumbai Police objected to Republic TV’s attempts to hinder their investigation.
In their affidavit, they said, “Republic TV’s demand to transfer the probe to CBI is misconceived. Republic TV wants to thwart the probe into fudging of TRP ratings. Media trial is against free and fair probe. Arnab Goswami (Republic TV’s editor-in-chief) is holding programmes where this case is debated at length and contacting witnesses and interfering and intimidating the witnesses.”
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”
— Bar & Bench (@barandbench) October 15, 2020
Citing that a number of channels have been summoned in the investigation, Mumbai Police also questioned the channel’s claim on freedom of speech in its affidavit to the top court.
“Freedom of speech right cannot be invoked into an alleged crime. Right under Article 19(1) freedom of speech cannot be a shield against probe,” it said.
In an affidavit filed before the SC the @MumbaiPolice 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.
— Bar & Bench (@barandbench) October 15, 2020
Arnab Goswani, editor in chief of the channel, has said that they will sue Mumbai Police for the allegations. He stated there were no reports from BARC (Broadcast Audience Research Council) that mentioned Republic TV. “The people of India know the truth. BARC has not mentioned Republic in any complaint,” he said.
The accusations of Republic TV influencing viewership numbers have surfaced in the wake of the channel’s steep rise in popularity on covering Sushant Singh Rajput’s case. The channel maintains that they’re being targeted for questioning the role of Mumbai Police in the case, according to a report by NDTV.
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