On Wednesday, the Bombay High Court admitted Republic TV and Arnab Goswami’s petition challenging investigation by the Mumbai police in the TRP scam and granted protection to Arnab Goswami from arrest.
A Division Bench comprising Hon’ble Justice SS Shinde and Hon’ble Justice Manish Pitale directed Mumbai police to give Arnab an advance notice of 3 days if they decide to take coercive action against him. The Court also gave liberty to Goswami to approach the Court against any such notice.
The Bench observed that the petitioner had alleged serious malafides.
During the hearing, counsel for Mumbai Police submitted that they would complete the investigation within twelve weeks.
Hon’ble Court granted Mumbai Police time to investigate other channels. The Bench relied on dictum set in the Bhajan Lal case and stated that the Court would not interfere in the investigation at this point.
The Court admitted the instant case and framed the following questions:-
- Whether a plea to quash the FIR can be entertained by the court even if the petitioner has not been arraigned as accused.
- If the petitioner is not arraigned as an accused, then the investigation can be transferred to CBI.
- Can Mumbai police keep the sword of an investigation hanging over the petitioner ( Goswami ) indefinitely?
- Whether IO can continue the investigation by invoking the clause of the suspect.
- Whether the court can entertain the petition on the ground of serious malafide against the petitioner when he is not made an accused in the FIR.