Legally Speaking

Petition Withdrawn By Maharashtra Govt In Supreme Court Challenging HC Order Staying FIRs Against Arnab Goswami

The State of Maharashtra in the case State of Maharashtra And Ors. v. Arnab Ranjan Goswami And Ors observed and has withdrew its petition challenging the Bombay High Court’s 2020 order which had stayed probe into two FIRs filed against Arnab Goswami, Republic TV Editor-in-Chief for allegedly making of inflammatory comments.
The plea filled was listed before the bench comprising of CJI DY Chandrachud and Justice Hima Kohli.
However, it was stated by the counsel for the State that the order of the Bombay High Court was an interim order and thus, he had the instructions to withdraw the said petition. The petitioner was ranted liberty for withdrawn of the petition.
In the present case, two FIRs had been filled against Arnab Goswami for allegedly communalizing the coverage of Palghar mob lynching incident and regarding the incident gathering of migrants which is outside Bandra station during lockdown.
Further, it was observed that the Bombay High Court had granted relief to Republic TV Chief Arnab Goswami while observing that, the court cannot have Damocles sword which while conducting of a public debate is hanging over at the head of a journalist. Thus, Arnab Goswami was booked under Section 153, Section 153 A, Section 153 B, Section 295 A, Section 298, Section 500, Section 504, Section 505(2), Section 506, Section 120 B and Section 117 of the Indian Penal Code, 1860.
It has been noted by the Bombay High Court that it could not be stated wthat any offence which had been committed by Arnab Goswami of provoking, promoting or rioting or attempting to promote, on the grounds of religion, feeling or disharmony of enmity, ill-will or hatred between different religious groups which was prejudicial to the maintenance of harmony between different religious groups or which disturbed or was likely to be disturb public tranquillity, thus being prejudicial to national integrity.

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