Dragging a Journalist Into a Criminal Case Without Basis is Abuse of Law: Karnataka High Court Quashes FIR Against Arnab Goswami

Karnataka High Court has quashed an FIR filed against Republic TV Editor-in-Chief Arnab Goswami, calling it a "classic case of dragging a petitioner into litigation to settle other scores." Justice M. Nagaprasanna, in his scathing remarks, said, "There is recklessness throughout the registration of the complaint, and permitting an investigation in such a case would result in a gross abuse of process of law."

The FIR was registered under Section 505(2) of the IPC, which deals with statements promoting enmity between different groups, following a news segment aired on Republic Kannada on March 27, 2024. The report claimed that an ambulance was made to wait in Bengaluru due to the passage of the Karnataka Chief Minister’s convoy. A complaint was lodged by a member of the Karnataka Pradesh Congress Committee, alleging that the Chief Minister was not even present in Bengaluru that day and that the report was false and intended to mislead the public during the elections.

Arnab Goswami challenged the FIR, arguing that he had no direct involvement in the day-to-day operations of Republic Kannada and that he never made any statement that could be construed as promoting enmity between groups. He further contended that the FIR was filed solely to target him because of his public stature.

The Court, after examining the case, found that the offense under Section 505(2) IPC was not even remotely made out. Justice Nagaprasanna remarked, "Even if it is assumed for the sake of argument that the news report was inaccurate, it is incomprehensible how it would attract Section 505(2) IPC. There is not a shred of evidence to suggest any intent to promote enmity between groups."

The Court also criticized the delayed police action, noting that while the complaint was filed in March 2024, Arnab Goswami was issued a notice under Section 41-A CrPC only in November 2024, nearly six months later. Calling this an "evident case of malice," the Court said, "The petitioner has been dragged into this case simply because he is Arnab Goswami. His name has been included without reason, without legal basis, and without any justification."

Referring to Supreme Court precedents, including Bilal Ahmed Kaloo v. State of Andhra Pradesh (1997) and Manzar Sayeed Khan v. State of Maharashtra (2007), the Court reiterated that "Section 505(2) IPC requires proof of criminal intent, which is entirely absent in this case." The Court held that allowing the FIR to continue would set a dangerous precedent and undermine press freedom.

Quashing the FIR, Justice Nagaprasanna concluded, "Permitting prosecution in a case like this would send a chilling effect on journalistic independence. The legal process cannot be used as a tool to harass media professionals for performing their duties."

Date of Decision: 13 February 2025