TRP Scam : Mumbai Police Cites Need To Further Question Partho Dasgupta Following Arnab Chat Leaks; Bombay HC Reserves Order On Bail Plea

Dasgupta, arrested on December 24, 2020, is the only accused in the TRP Scam being investigated by the Mumbai Police who continues to be in prison. He is a graduate from IIM Calcutta and was the CEO of BARC between June 2013 and November 2019.

During his bail hearing, the prosecution repeatedly brought up portions of Dasgupta's Whats App chats with Republic TV's Editor-in-Chief Arnab Goswami, to demonstrate his involvement in TRP manipulation.

In response, Senior Advocate Aabad Ponda, appearing for Dasgupta, closed his arguments citing a Whats App chat, from August 20, 2019, where Dasgupta allegedly tells Goswami, he would always stand by the latter as a friend but would not compromise his values.

"You have too many enemies. But I will be your friend- whichever role I am in, but not compromise my values. Goodnight," the chat read.

In response Arnab allegedly replied to say how others were influencing ratings. "I will tell all who matter the right thing about honest ratings. These people try to influence a honest system built with hard work and I will try [my] hardest to make sure they are not allowed to. Show them the UK numbers where day one, week one, we smash Aaj tak and ABP."

During the hearing, on Tuesday, Special Public Prosecutor Shishir Hirey informed the court that the further investigation in the case is underway u/s 173(8) of the CrPC.

Even though the chargesheet in the case has been filed, the prosecution has sought permission to interrogate Dasgupta while he was still in custody, Hirey said. He added that even a questionnaire was given, but he wasn't even answering the simplest of questions.

Hirey submitted that the 'controversial' Whats App chats between Goswami and Dasgupta need to be interrogated, citing their proximity. The prosecutor then read out the panchnama to show expensive jewellery and watches were recovered from Dasgupta's premises.

Referring to the alleged chats about the Pulwama attack, Hirey submitted that issues of "national security" have also been discussed (between Partho Dasgupta and Arnab Goswami). He then handed over a status report on the investigation in a sealed envelope to Justice PD Naik, who was hearing the case.

When Ponda objected, Justice Naik said he could read from the report but not rely on it. Dasgupta is also represented by advocates Shardul Singh and Arjun Thakur.

Ponda then submitted that the Special Public Prosecutor made an incorrect statement about Dasgupta being the Managing Director/CEO of the company as they were two different positions. Moreover, the statute doesn't speak about "vicarious liability," he said.

Ponda argued that Arnab Gowami is not even an accused in the present case and that Mumbai Police was investigating merely 6% of the entire scam, as, only those many TRP bar-o-meters were installed in Mumbai.

Ponda submitted the Mumbai Police was making this out to be a "huge scam worth crores of rupees." "They have not left hair pins and children's toys. They want to strip me down to my last," Ponda said while referring to the recoveries.

Responding to the SPP's arguments that BARC's guidelines were 'strict,' and therefore the violation or its guidelines should be dealt with an iron hand, Ponda said that the violation of those guidelines would result in forfeiture of bank guarantees. "Where is the imprisonment?" he asked.

Ponda then dealt with former BARC employee - Pekham Basu's statement - where she allegedly said that the organisation received several complaints against Republic TV alleging that the channel used dubious methods to get number 1 viewership and that Partho Dasgupta was involved in TRP Manipulation.

"I call her fekum, but she's Pekham," Ponda said in a lighter vein. He submitted that apart from the single sentence against Dasgupta, there was nothing against his client in the entire statement.

"It's a travesty of justice to keep a man in prison, indefinitely," Ponda submitted. He handed over details of Dasgupta's judicial interrogation to submit that his client was interrogated on five occasions, between January 3- February 12, 2021, for a total of 45 min.

Ponda argued that the TRP data, which BARC receives from the three agencies, including Hansa Research, is "four times the Aadhaar data of the country," making it impossible to manipulate.