‘No Ingredients To Show That He Acted To Promote Enmity’: Calcutta High Court Quashes Case Against Arnab Goswami Over Republic TV Panelist’s Remarks About Marwaris
The Court also took note of Goswami's immediate reprimand during the show and the prompt apology and clarification issued by Republic TV on social media condemning the remark.
The Calcutta High Court quashed criminal proceedings against Arnab Goswami and Republic TV in connection with alleged objectionable remarks made against the Marwari community by panelist Subhojit Ghosh during a live debate aired on April 21, 2020, noting that the comment was a personal opinion expressed during a live telecast without approval or endorsement by Goswami or the channel.
A Single Bench of Justice Shampa Dutt (Paul) observed, “…The statement made in this case was a personal opinion/view during a live telecast. It was made by a panelist which did not prima facie have the approval of the petitioners to make such statement... As the statement was during a live show, it can be presumed that the petitioners did not foresee such statement being made by a panelist.”
The Court added, “In the present case, the petitioners herein did not make the alleged comments… The program was being broadcast “live”, so the question of any “intention” to publish such statements cannot be attributed to the petitioners herein.”
Senior Advocate Mahesh Jethmalani appeared for the Petitioners, while Advocate General Kishore Dutta appeared for the State.
Brief Facts
Petitioner No.1, Arnab Goswami, is the Editor-in-Chief of Republic Media Network, which owns and operates Republic TV (English), R. Bharat (Hindi), and R. Bangla (Bengali). An FIR was registered against him in connection with a news debate aired live on Republic TV on April 21, 2020, at around 9 P.M., during a show titled “The Debate.” The FIR specifically related to a comment made by panelist Subhojit Ghosh during the broadcast.
The relevant extract from the broadcast is as follows:-
“Subhojit Ghosh : Arnab I have a simple question, I have a simple question to the BJP person that the central team will investigate the, the uhh black marketing of the dishonest Marwaris in West Bengal?
Arnab Goswami : What? What do you mean by that? I mean what kind of a comment is that? What kind of a comment is that? One minute. One minute, One minute. Least expected comment from you but anyway, Nalin Kholi. [emphasis supplied]
Subhojit Ghosh : Yes, the Marwaris (unclear) black-marketing of masks at large.
Nalin Kohli : You are demeaning a whole community. Black- marketing by Marwaris, oh my god you are making this a community fight now. Would you say the same thing about Bangladeshis who are coming into your state?
Subhojit Ghosh : The Marwaris are into black marketing in West Bengal.
Nalin Kohli : Would you say that they are eating away the jobs and eating away the resources of them?
Subhojit Ghosh : Yes
Nalin Kohli : Would you say the Rohingyas are being illegally settled in? Would you say the same for people who are being hung on trees because they are supporters of BJP, they have been brutalized.
Arnab Goswami : I tell you. I tell you. No no, that’s not worth responding to. Kanchan Gupta, no no no. One minute one minute, we will not go down that way, Subhojit. I don’t think that is even worth responding to. That is not worth responding to. The question is. The question is. The question is... let’s bring some substance into the debate. [emphasis supplied]
Subhojit Ghosh: ...every black marketing person is a Marwari.
Kanchan Gupta: I think it is a very bigoted hateful comment that was just made on live TV, that person should either apologize or be taken off air but that is your editorial decision. Arnab, Swapan has made a point and that point needs explanation.”
Goswami stated that, in addition to immediately reprimanding Subhojit Ghosh during the show, Republic TV also issued a separate and prompt clarification on social media. The clarification clearly presented the full facts and publicly condemned the comment made by Mr. Ghosh. It was stated by Republic TV on Twitter, “Republic TV strongly condemns the comment made by a panelist in the course of the debate on Bengal last night. Attached here is the unedited clip with details of the facts as they unfolded.”
It was submitted by Arnab Goswami that panelists express their own opinions, which are neither endorsed by Republic TV nor by him. Given the live format of the debate show, panelists have differing views, and their comments cannot be attributed to Republic Media Network, Republic TV, or Arnab Goswami. The comment made by Subhojit Ghosh reflected his personal opinion. The broadcast was live and beyond the petitioners' control to predict in advance.
A complaint was filed against Arnab Goswami and Republic TV praying for necessary action against the petitioners for providing a platform to Subhojit Ghosh to make objectionable remarks, and on the ground that such remarks were broadcasted and false, baseless statements were circulated against a particular community to promote enmity between different communities. The complainant alleged Goswami and Republic TV were punishable for offences under Sections 153A, 153B, 500, 504, and 120B of the Indian Penal Code, 1860 (IPC).
Reasoning of the Court
The Court noted that to constitute an offence under Section 153A IPC, the principal ingredient had to be promoting enmity or hatred between two groups, and in the present case, no such ingredient existed as no two groups were involved, and further, the statement was a personal opinion made during a live telecast by a panelist, without prima facie approval of Arnab Goswami or Republic TV.
The Court stated, “There is nothing to show that there was any overact on the part of the petitioners which led to the panelist make such statement. As such there is no ingredients to show that the petitioners acted in a manner which promotes enmity between different groups etc nor is there any material to show that the petitioners had done any act which was prejudicial to maintenance of harmony.”
Adverting to Sections 500 and 504 of the IPC which relates to making or publishing any imputation concerning any person or intentionally insulting and provoking such person, the Bench noted, “In this case, no particular person has been allegedly defamed, intentionally insulted or provoked by the petitioners herein.”
The Court found no prima facie material to show any agreement between the Goswami or Republic TV and Subhojit Ghosh, noted that the foundational facts necessary to constitute the alleged offences were absent, and held that continuing the proceedings would amount to an abuse of process and consequently quashed the same against the petitioners.
Consequently, the Court quashed the proceedings against Arnab Goswami and his company ARG Outlier Media Private Limited, allowing the revision petition.
Cause Title: Arnab Goswami & Anr. v. State of West Bengal & Anr. (CRR 1187 of 2022)
Appearance:
Petitioners: Senior Advocates Mahesh Jettmalani, Sandipan Ganguly; Advocates Apalak Basu, Saket Shukla, Nazir Ahmed, Zoeb Cuteriywala, Smita Mukherjee, Saheli Bose
State/Respondent: Advocate General Kishore Dutta; Additional Public Prosecutor Rudradipta Nandy; Advocate Sanjana Saha
