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]

It is an established principle of law that the offence of defamation (harming the reputation) has many exceptions and the imputation of truth is one of those, but the accused must prove that such imputation was true and also for the public good. In the light of this statement which of the following questions/statements are not defamatory?

The correct option is: An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire.

Step-by-step Explanation:

1. Understanding Defamation and Its Exceptions:

Defamation involves making a false statement about someone that harms their reputation. However, the law provides exceptions to protect freedom of speech and expression (specifically under Article 19(1)(a) of the Indian Constitution) when statements are made in good faith and serve a public interest.

Under Section 499 of the Indian Penal Code (First Exception - Imputation of truth made for public good):

It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

2. Analyzing the Options:

• An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire: A public servant's unaccounted wealth directly impacts public administration, integrity, and governance. Reporting or raising legitimate questions regarding unaccounted assets of a public official serves the public good and is protected under the exception to defamation, provided it is based on truth/fair questioning.

• A question to a female actress about her sexual relationship with a married man: Personal and private sexual matters of an actress do not serve any public interest or public good; publishing such imputations invades privacy and constitutes defamation.

• A question to a public servant about his extramarital relationship with a colleague: Purely personal relationships, even involving public servants (unless directly affecting official duties or breaking specific conduct rules), fall within personal privacy and do not serve a broader public good in a way that excuses defamatory statements.

• An Article published in a magazine stating a female politician as 'B grade' actress: Derogatory remarks intended to insult or disparage character/professional history without any public good justification amount to defamation.

Conclusion:

Therefore, publishing an inquiry or article regarding the unaccounted property of a public servant is done for the public good and is non-defamatory under the law.