Karnataka: The Karnataka High Court has quashed an FIR registered against Republic Media Network’s Editor-in-Chief Arnab Goswami, ruling that the allegations did not constitute any offense under Section 505(2) of the Indian Penal Code.
Karnataka HC Labels FIR Against Arnab Goswami as ‘Reckless’ in Alleged Fake News Case
Justice M. Nagaprasanna, delivering the order, noted that Goswami was “dragged into the web of crime without rhyme or reason” merely because he is a renowned name in the fourth estate.
The case stemmed from a complaint filed by a Karnataka Pradesh Congress Committee member alleging that Republic Kannada aired false news about Chief Minister Siddaramaiah’s convoy causing traffic delays for an ambulance on M.G. Road, Bengaluru. The complainant claimed this was false, as the Chief Minister was in Mysore at the time.
The court observed that even if the report were true, it was “un-understandable” how it could meet the ingredients of Section 505(2) IPC, which deals with statements promoting enmity between different groups. The judge noted that Goswami, being the Editor-in-Chief, was not involved in the day-to-day affairs of Republic Kannada.
Justice M. Nagaprasanna Criticizes Police Action in Arnab Goswami’s Fake News Allegations
“To permit investigation, there should be substance in the complaint. Except malafides, there is no substance in the complaint,” Justice Nagaprasanna stated, rejecting the prosecution’s argument that charges could be modified during the investigation.
The court relied on Supreme Court precedents, particularly State of Haryana v. Bhajan Lal, to conclude that continuing the investigation would result in a “gross abuse of the process of law” and “patent injustice.”
Senior Advocate Aruna Shyam appeared for Goswami, while Additional State Public Prosecutor Jagadeesha B.N. represented the State.
Case Title: Mr. Arnab Goswami vs. The State of Karnataka & Anr.