Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of investigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India:Arts. 19(1)(a), 19(2) and 32 – Writ Petition – Seeking quashingof various FIRs filed under the provisions of ss. 153, 153A, 153B,295A, 298, 500, 504 and 506 IPC against a media journalist –Held: All the FIRs or complaints have been lodged in diversejurisdictions arising out of same cause of action i.e. broadcast of aprogramme – Journalistic freedom is protected by Art. 19(1)(a) –The right of speech and expression of a journalist u/Art. 19(1)(a) isno higher than such right of a citizen – It is amenable to restrictionu/Art. 19(2) – Petitioner is not immune from investigation in FIR –However, the reasonable restriction on fundamental right mustcomport with the proportionality standard i.e. the measure adoptedmust be the least restrictive to effectively achieve the legitimate aim– Subjecting an individual to numerous proceedings in differentjurisdictions on the basis of same cause of action cannot be said tobe least restrictive – Therefore, except one FIR at Mumbai, all otherFIRs which are in respect of the same incident are quashed as theyconstitute a clear abuse of process of law – The writ petition is notentertained in respect of relief of quashing the FIR at Mumbai asefficacious remedies are available under Cr. P.C. including theremedy before High Court u/s. 482 Cr. P.C.Investigation:Transfer of investigation – From local police to CBI – Held:Transfer of investigation to CBI is not a matter of routine – It is an‘extraordinary power’ to be used ‘sparingly’ and ‘in exceptionalcircumstances’ – Mere allegations against police do not constitutea sufficient basis for transfer – It must be ‘imperative’ to retainpublic confidence in the impartial working of the State agencies –Allegation by the person under investigation regarding mode,manner and line of interrogation and unsubstantiated allegation ofa conflict of interest against police conducting investigation, cannotbe the basis to transfer the investigation.Code of Criminal Procedure, 1973:s. 199 – Prosecution for defamation – Held: In respect ofdefamation neither can an FIR be filed nor can a direction be issuedu/s. 156 (3) Cr. P.C. – It is only a complaint which can be institutedby the aggrieved person. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 400 |
Petitioner | Arnab Ranjan Goswami |
Respondent | Union Of India And Ors. |
SCR | [2020] 8 S.C.R. 222 |
Judgement Date | 2020-05-19 |
Case Number | 130 |
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