Bombay HC – No substantial evidence against Arnab and Republic TV, even after three month investigation – LexForti Legal News & Journal

The Bombay Supreme Court made an observation in the TRP fraud, stating that, at first glance, no material discoveries were made against Republic TV and its editor-in-chief Arnab Goswami, even after three months of the investigation.

The investigation is being conducted by the Mumbai Criminal Investigation Department and no material evidence has been presented to the court to date.

The bank also stated that it would examine whether the present case would be included in the Case of Bhajan Lalwho discussed the extraordinary powers of the court under Article 226 and Section 482 of the CrPC. The case essentially dealt with the measures taken to prevent abuse of the legal process.

The bank had discussed the Bhajan Lal case to see if they should wait for the investigation to complete.

The bank highlighted the dilemma it was facing due to the relief sought by Arnab Goswami and ARG Outlier Media Pvt Ltd., the company that owns Republic TV.

The bank stated that its petition sought the repeal of the FIR and subsequent charge sheets filed against the ARG Outlier, the staff and Arnab Goswami. The petition also tried not to take coercive measures against the parties.

The bank stated that as long as the defendant’s guilt was not proven, on what basis it could decide whether or not the FIR should be lifted.

The Bank believed that the importance of democracy is citizens’ trust in their judicial institutions, which should not be compromised at any cost.

The bank further stated that reasonableness must be kept in mind and the state is reasonable, there should be a deadline for the investigation. So far, however, Mumbai Police have agreed not to take coercive action until the next hearing.

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