ARNAB RANJAN GOSWAMI versus UNION OF INDIA AND ORS.

ARNAB RANJAN GOSWAMI versus UNION OF INDIA AND ORS.

The Court held that the several FIRs and complaints lodged across diverse jurisdictions arising from the same television broadcast of 21 April 2020 constituted an abuse of process and were quashed; it refused to transfer the Mumbai investigation to the CBI as extraordinary transfer was not warranted, clarified that criminal defamation requires a complaint under Section 199 CrPC and cannot be the subject of the FIR under investigation, declined to quash the Mumbai FIR under Article 32 and relegated the petitioner to remedies under the CrPC/High Court, extended interim protection from coercive steps for three weeks, and directed the Mumbai police to consider security requests.

Parties
Petitioner: Arnab Ranjan Goswami; Respondent: Union of India; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
19 May 2020
Procedural Posture
Writ Petition (criminal) / Final Judgment and Disposal
Outcome
Writ Petition No.130 of 2020 allowed in part: multiple FIRs/complaints arising from the 21 April 2020 broadcast quashed; petition to quash the Mumbai FIR (renumbered 164 of 2020) not entertained and petitioner relegated to CrPC/High Court remedies; request to transfer investigation to CBI rejected; subsequent...
Legal Topics
Article 19(1)(a) Freedom of Speech, Article 32 Jurisdiction, Transfer of Investigation to CBI, Quashing of Firs on Same Cause of Action, Section 199 Cr PC (criminal Defamation), Proportionality and Least Restrictive Measure
Constitutional Law Criminal Law Media/press Freedom Administrative Law Article 19(1)(a) Freedom of Speech Article 32 Jurisdiction Transfer of Investigation to CBI Quashing of Firs on Same Cause of Action +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Arnab Ranjan Goswami

Petitioner

Union of India

Respondent

State of Maharashtra

Respondent

Procedural Posture

Writ Petition (criminal) / Final Judgment and Disposal

Legal Issues

  1. 1 Whether multiple FIRs/complaints in diverse jurisdictions arising from the same broadcast amount to abuse of process and are liable to be quashed
  2. 2 Whether the investigation transferred to NM Joshi Marg (Mumbai) should be transferred to the CBI
  3. 3 Whether criminal defamation can be the subject of an FIR or a direction under Section 156(3) CrPC

Ratio Decidendi

The Court held that the several FIRs and complaints lodged across diverse jurisdictions arising from the same television broadcast of 21 April 2020 constituted an abuse of process and were quashed; it refused to transfer the Mumbai investigation to the CBI as extraordinary transfer was not warranted, clarified that criminal defamation requires a complaint under Section 199 CrPC and cannot be the subject of the FIR under investigation, declined to quash the Mumbai FIR under Article 32 and relegated the petitioner to remedies under the CrPC/High Court, extended interim protection from coercive steps for three weeks, and directed the Mumbai police to consider security requests.

Court Disposition

Writ Petition No.130 of 2020 allowed in part: multiple FIRs/complaints arising from the 21 April 2020 broadcast quashed; petition to quash the Mumbai FIR (renumbered 164 of 2020) not entertained and petitioner relegated to CrPC/High Court remedies; request to transfer investigation to CBI rejected; subsequent...

Orders

  • Transfer of investigation to the CBI is rejected
  • The interim transfer of FIR 238 of 2020 (dated 22 April 2020) from Police Station Sadar, District Nagpur City to NM Joshi Marg Police Station, Mumbai is confirmed; that FIR renumbered as FIR 164 of 2020 shall be investigated by NM Joshi Marg Police Station in Mumbai