Earlier this week, a Delhi court ordered the police to register an FIR against Arnab Goswami, former Times Now anchor and current editor-in-chief of Republic TV.
Bar and Bench reported that Patiala House Court allowed Thiruvananthapuram MP Shashi Tharoor to file an FIR against Goswami for allegedly accessing confidential documents related to the probe in Sunanda Pushkars death, such as internal police reports.
The FIR alleged that Republic TV hacked Tharoors email to access confidential documents related to the investigation and made defamatory statements in an attempt to increase the viewership of their News Channel.
The judge said, This court is of the considered view that in view of allegations leveled by complainant and material produced on record in the form of RTI replies and other material, matter disclosed commission of cognizable offence … matter requires investigation by police as it is not clear how said material came in the possession of proposed accused persons.
Metropolitan Magistrate Dharmender Singh issued an order to the Delhi police on January 21 to register the FIR and investigate. Tharoor has also filed a criminal case for defamation in a Kerala district court.
Does Tharoor have the law on his side?
An advocate practising at Bombay High Court, Ajay Kumar, said that while journalistic privilege is not entrenched in Indian law, the way in which Goswami and his team procured the documents will be an important point.
If a police source, of their own accord, allowed Goswami access, the burden of the leak lies with the source. If Goswami used illegal means, like bribes, to obtain access, then Goswami can be held liable.
About the defamation charge, Kumar said, It has some weight, depending on public interest, an exception to defamation. Essentially, Goswami has to provide evidence to prove that his comments and reportage was in public interest and did not intentionally malign Tharoor.
Goswamis response
On February 11, Republic TV posted Goswamis statement on Twitter:
Accessing documents to reveal the truth is integral to journalism. I am proud that we have done so and that because of our investigative journalism, the Sunanda Pushkar case is under scrutiny. I will fight this matter in the courts and I am absolutely convinced that the people of India will stand by us as we continue on the path of journalism that stands for the nation.
Background on the Pushkar case
In 2014, Tharoors 51-year-old wife Sunanda Pushkar was found dead in her hotel room in Delhi. In the days leading up to her death, Pushkar had tweeted about Tharoors alleged affair with Pakistani journalist Mehr Tarar, which led to fights between the couple.
On January 16, the couple posted a joint statement on Facebook saying Pushkars tweets were unauthorised and not intended for publication, and that they were happily married. The statement added that Pushkar had taken ill and was hospitalised that week.
On January 17, Pushkar and Tharoor checked into Hotel Leela as their house was undergoing renovation. The same day, Pushkar was found dead in the room. The autopsy report hinted at an overdose of sleeping pills but was inconclusive.
After a four-year-long investigation, the Delhi police dismissed the death as murder, but claimed that Tharoor abetted or encouraged Pushkar to commit suicide and was also cruel to her. Tharoor tweeted that the charges were preposterous, and that he would contest them vigorously.
Although Tharoor has been charged under sections 498-A (cruelty against a spouse) and 306 of the Indian Penal Code, he has not been arrested.
Implications of Tharoors FIR
Many welcomed legal action against Goswami because of his combative and aggressive on-air personality. In the past, he has called for gagging of the media and legal action against Pakistani journalists. He is also known for sensational and dramatic news coverage on prime time television.
Barkha Dutt tweeted that Goswami has routinely tarnished journalists and even called for their trial and arrest. I wont shed a tear for him facing criminal action for his dangerous, communal and vile reportage.
However, the FIR sets a dangerous precedent against members of the press. Associate Editor of Scroll Rohan Venkataramakrishnan said, Journalists are constantly working to access documents that are otherwise kept secret from the public, with the idea being that transparency serves the larger public interestthough it is for editors to decide what is actually worth publishing or airing.
To expose corruption and illegal dealings in state agencies, journalists must often develop a rapport with officials, who can later offer insight into cover-ups, scams, and scandals.
While Tharoors defamation suit may make media outlets more cognisant of the information they air, his decision to file an FIR puts the future of the Indian press at risk. It could scare sources and whistle-blowers who would otherwise be instrumental in exposing government high-handedness. It also sends a message to politicians and unhappy or disagreeing public figures that prosecuting media houses, for what is considered their duty, is permissible in a court of law.
The magistrate has asked the police to file a compliance report on April 4.
Rhea Arora is a staff writer at Qrius