SC is hearing #ArnabGoswami's plea seeking quashing of FIR filed against him for disturbing communal harmony over the gathering of Migrants in Bandra.

Top Court also to hear an application filed by Maharastra Govt. seeking restraining Goswami from interfering in investigation.

Senior Advocate Harish Salve is appearing for #ArnabGoswami
The FIR sought to be quashed by Goswami was filed by Irfan Abubakar Shaikh, secretary of the Raza Educational Welfare Society for communal disturbance created over the gathering of #migrant workers in Mumbai’s Bandra.

Senior Advocate Harish Salve to bench comprising Justices DY Chandrachud & MR Shah:
"There is a fresh petition & an earlier one also, the incident is of April 16 of a show telecast on TV. There are a slew of FIRs against the petitioner for his show"
#ArnabGoswami
@republic

"We need anticipatory bail in the cases" Salve

"On April 25, a notice served to the petitioner requiring his presence in the case before police for questioning. Nature of FIR shows it's an arm-twisting tactic. They have interrogated him for 12 hours" he adds.
#ArnabGoswami

"Certain tweets came out in the public domain [against #ArnabGoswami] Worrying to see what he was being asked" submits Senior Advocate Harish Salve

"This is news which involves public. This is news that the public must know"

@republic

Salve [For #arnabgoswami] I'm surprised to see why police is asking as to why he defamed certain people. Police is investigating a telecast! Moreover, Two officers who interrogated him were asymptomatic and one has been tested #COVID19 positive.

"In a police station 12 hours interrogation was done. He said [to the police officers], the kind of questions you want to ask, why cant you ask me on video conferencing." - Salve
#ArnabGoswami
@MumbaiPolice
@republic

Justice Chandrachud : All these points, can be put across before the HC. Either in an anticipatory bail or quashing of the case, whatever you like.

Please consider my prayers, If I am telecasting an episode, and it involves some important matters, I will telecast it. There is no communal riots, nothing of this kind, Salve submits
#ArnabGoswami
@republic

Salve: Please consider Article 19 (1)(a). If a comment is made which has a communal overtone, can the police and crpc, without any checks and safeguards be applied to telecast an opinions on tv and print and writing? #ArnabGoswami

Salve continues,
"If u apply the mechanism of crpc, can the police arrest a journalist and ask?"
Justice DYC Chandrachud: We must draw a balance between both. We can give you the liberty to move to the Bombay Hc, after the expiry of the interim protection we had already given.

Bench:
"If you want the quashing of this FIR, the Bombay one and the new one then u can move the HC. We had earlier intervened due to the multiplicity of FIRs arising out of the same cause of action."
#ArnabGoswami
@republic

Justice Chandrachud: We will not non-suit you. This is not just in relation to petitioner. We must ensure somebody is not subject to harassment, but we should not create an environment where anybody in particular is exempted from the normal course of proceedings.
#ArnabGoswami

Senior Advocate Harish Salves: Please see the affidavit filed by me & see the FIR. Please consider then. The police is interrogating me for 12 hours. Does this FIR require 12 hours of questioning? i think not.

#ArnabGoswami
@republic
@MumbaiPolice

Salve continues,
"Considering I have made serious allegations against the local police in my program, I have no problem if the Palghar incident remark is being transferred to the CBI for investigation"
#ArnabGoswami
@MumbaiPolice
@republic

Senior Advocate Kapil Sibal interjects, Then in that case [if investigation gets transferred to CBI] , Investigation will go into your hands!

Solicitor General Tushar Mehta objects, says he has serious reservations against this statement.
@KapilSibal
#ArnabGoswami

Salve:
"Mr. Sibal's statement shows the need to transfer the case to CBI. This is a political problem between state and centre and I have been caught in a crossfire"

@KapilSibal
#ArnabGoswami

"Why was I asked the details of my editorial team and content by Police? He was repeatedly asked if he had defamed congress president. He was asked whose money was invested in the channel" Salve questions #ArnabGoswami's course of investigation.

"CEO of the company was questioned for over 6 hours. What has a CEO of a company got to do with a news telecast that purportedly caused communal problems? What are they trying to get at? Who own the company? Who is the real owner of the company?" Salve argues.
#ArnabGoswami

"Investigating Officer wanted to know who decides the list of guests, news gathering procedures. Financial details were being asked about the company, including the equity and other details" Salve tells the Court.

@republic
#ArnabGoswami

"Please see the nature of the investigation in the case. Raising questions about the mindset of the @MumbaiPolice. The investigation is not going in a proper manner" Salve argues.
#ArnabGoswami
#republictv
@republic

"There has to be a balance between Article 19(1)(a) and sanctity of the criminal investigation. Either hear our matter on merits or transfer the matter to CBI. There could be a chilling effect on the freedom of press."
- Senior Advocate Harish Salve for #ArnabGoswami

"Please transfer to CBI. It's a union vs state problem and I have become a party to this. Of course I can go to Bombay High Court, my request is that the CBI can probe and file report." - Salve adds

#ArnabGoswami
@republic

Solicitor General Tushar Mehta: "Very peculiar case, Mr Salve is accusing me, Mr. Sibal is accusing me. I have no sides to take as a law officer. I feel there are two very disturbing features. I am not saying accept or reject the prayer."

#ArnavGoswami
@KapilSibal

This a peculiar case because the case is not against a person but against the society. The case is where the accused has no faith in police and the police has also come to court to "insulate" its investigation: SG

#ArnabGoswami

"12 hours questioning towards a citizen in such type of case, is really disturbing, I think," SG

#ArnabGoswami

Senior Advocate Kapil Sibal now apprising the Court:

"There are most unique ways to deal with the investigation in a case. What are the questions that were asked and what are the question being put forth to the petitioner...
@KapilSibal
#ArnabGoswami

....the accused [ #ArnabGoswami] said, my fundamental duties were violated, I was not allowed to use my mobile phone, no journalistic process I was allowed to perform, he is asked a consolidated questions. Is this harassment? It is not!"
- Senior Advocate Kapil Sibal
@KapilSibal

*rights