Daijiworld Media Network - New Delhi (SP)
New Delhi, Mar 7: The Delhi high court, on Wednesday March 6, struck down a writ petition filed by Republic TV news channel and its editor-in-chief, Arnab Goswami. Arbab had pleaded to strike down a trial court order to register first information report against them based on complaint made by Congress MP, Shashi Tharoor.
Tharoor had charged the channel as well as Arnab of stealing confidential documents relating to the probe into his wife, Sunanda Pushkar's death. He also had claimed that his e-mail account had been hacked. Based on the petition, the trial court had ordered the station house officer concerned to register first information report and investigate the complaint.
Aggrieved by the high court order to register first information report against him and the channel, Arnah Goswami had approached the high court seeking to quash the said order. On Wednesday March 6, judge of the court, Justice Najmi Waziri, passed the said order. Delhi police counsel had raised objection to the maintainability of the writ petition filed by Arnab.
Rahul Mehra, standing counsel (criminal), contended that high court cannot be asked to provide remedy when an equally effective remedy is available elsewhere. The counsel pointed out that the magisterial court's order could be revised, and it could be achieved by approaching the sessions judge. The police counsel, referring to plea made by Arnab to grant him protection against coercive action, observed that the petitioner should have filed anticipatory bail plea.
Senior advocate, Sandeep Sethi, who appeared for Goswami in the court, said that no prima facie case of theft was made out against his client as the documents in question were never in the legal possession of Tharoor. Senior advocate, Vikas Pahwa, and advocate, Gaurav Gupta, also opposed the petition.
Justice Waziri, who heard arguments from both the sides, dismissed the writ petition, observing that the same is not maintainable.