The bench of Dr DY Chandrachud and MR Shah, JJ has refused to transfer to CBI the criminal cases lodged against Republic TV Editor in-Chief Arnab Goswami for alleged defamatory news show telecast on April 21 in connection with the Palghar mob-lynching case. It also quashed all FIRs against Arnab Goswami except one which was filed in Nagpur and which has been transferred to Mumbai via order dated 24.04.2020.
[Excerpt from SCC Online Blog, May 19, 2020]
Delivering the verdict, Justice Chandrachud said, ― Article 32 of the Constitution constitutes recognition of the constitutional duty entrusted to this Court to protect the fundamental rights of citizens. The exercise of journalistic freedom lies at the core of speech and expression protected by Article 19(1)(a). The petitioner is a media journalist. The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and expression under Article 19(1)(a). India's freedoms will rest safe as long as journalists can speak truth to power without being chilled by a threat of reprisal…Free citizens cannot exist when the news media is chained to adhere to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”: “Questions you cannot answer are usually far better for you than answers you cannot question.”
[Excerpt from Arnab Ranjan Goswami vs Union Of India on 19 May, 2020]
The above passage mentions about the Journalist's request to transfer the case to the CBI (Central Bureau of Investigation) for investigation. What could be the appropriate reason for such request?
Correct Answer :
Where State government is an interested party, the investigation conducted by the state police, may be biased.
Solution :
The correct answer is: Where State government is an interested party, the investigation conducted by the state police, may be biased.
Explanation and Logical Reasoning:
1. Understanding the Context:
In legal proceedings, particularly criminal investigations, the state police work under the jurisdiction and administrative control of the respective State Government. When a high-profile case involves political figures, state authorities, or public administration, there can be a reasonable apprehension that local police might be influenced by state political interests.
2. Reason for Requesting CBI Transfer:
The Central Bureau of Investigation (CBI) is an independent central agency. An accused or petitioner usually requests a transfer of investigation from the State Police to an independent central agency like the CBI when there is a plausible apprehension of bias, unfairness, or political pressure on the state police machinery.
3. Evaluating the Options:
- Option 1: Suggests CBI is requested purely because it is more scientific. While CBI has specialized tools, the primary legal ground for seeking a transfer of investigation away from state police is perceived bias or lack of independence, not merely investigative technique.
- Option 2: Correctly identifies the core legal rationale: when a state government or political authority in the state has a vested interest, local police investigation might suffer from potential bias or lack of impartiality.
- Option 3: States that any defamation of a national party president must go to the CBI. There is no automatic statutory rule requiring CBI probe solely based on the identity of the complainant or defamed person.
- Option 4: Incorrect since Option 2 provides the sound legal reason.
Hence, the primary reason for seeking an independent central investigation is to ensure a fair and unbiased inquiry when state police impartiality is questioned.
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