Prosecutor Cites Sec 164 Statement Of Witness To Allege That Partho Dasgupta Was Aware Of TRP Manipulation

A former employee with the Broadcast Audience Research Council India (BARC ) has allegedly told a magistrate that the organisation received several complaints against Republic TV alleging that the channel used dubious methods to get number 1 viewership, but then CEO of BARC- Partho Dasgupta and Chief Operating Officer (COO) Romil Ramgarhia did not pay any heed.

A witness in the Television Rating Point (TRP) Scam being investigated by the Mumbai Police, the employee further said that during her time as Deputy General Manager of BARC she noticed that Dasgupta was actually involved in TRP manipulation "so that a channel can make profits through advertisements."  

The Public Prosecutor cited the statement of the witness, Perkham Basu, recorded by a Magistrate under Section 164 of the Code of Criminal Procedure, before a bench of Justice PD Naik hearing the bail application of Partho Dasgupta.

Special Pubic Prosecutor Shishir Hirey, appearing on behalf of the Mumbai Police, read out the statement in court after Dasgupta's lawyers objected as they were not provided a copy.

According to the statement, Basu joined the organization in April 2016 and worked under then COO Romil Ramgarhia, who was also the HR head. She claims to have raised complaints of TRP manipulation with him verbally and by mail, but says Ramgarhia only got annoyed and eventually removed her from the department.

"In the said period I notice the CEO Mr Partho Dasgupta was actually doing the manipulation. So that channel can get the profits through advertisements," the statement reads.

It adds that Ramgarhia was misusing the meta rule method and there were a lot of complaints received against BARC for TRP manipulation.

"During the said period of my temporary assignment so many complaints were received by the BARC that Republic TV is indulged in a dubious method like landing page, dual LNC so that Republic TV can get no. 1 viewership," the statement reads adding that "though I time and again raised this issues before Partho Dasgupta and Romil Ramgarhia, including Manishkumar, they did not pay heed."

The hearing began with Senior Advocate Aabad Ponda submitting that Dasgupta was arrested on December 24, 2020 and the chargesheet against him was filed within a month, on January 11, 2021.

"Why do I need to be kept behind bars? The only question that arises is if my further detention is required or not," he submitted.

Ponda argued that a channel's TRPs decide the advertising revenue it can demand, however, no advertiser has come forward to make a complaint against BARC or his client.

He drew a comparison between Dasgupta and Ramgharia to say that latter had graver charges of active involvement in TRP manipulation despite which he was granted bail within six days. "In the forensics report it is claimed that I was aware of the manipulation, however for Romil they say he was directly involved. He was inside for 6 days and granted bail, I am inside for 52 days," Ponda submitted.

Ponda then dealt with the recovery of a watch and silver jewellery, which the Mumbai Police claims are the proceeds of crime. He cited the invoice of a Tag Huer watch to demonstrate it was purchased legitimately for Rs. 55,000.

"They have stripped naked my wife's trousseau to prove it has some connection to the crime, " he argued while relying on a jeweller's receipt from 2000 and 2014. He added that Dasgupta has filed over Rs. 10 crore as Income Tax returns over a period of three years. "He could definitely afford a watch."

Dealing with the controversial Watsapp chats between Partho Dasgupta and Arnab Goswami, Ponda submitted that none of the chats are substantiated with corroborative evidence. "Its loose talk between two people," he said.

The court sought to know what the Pulwama attack chat was about and if a separate offence was registered regarding the chat. Ponda said that the chat had nothing to do with the TRP Scam while the prosecution conceded that a separate offence was not registered in relation with the chat.

Ponda concluded his arguments by saying, Dasgupta's health should also be taken into consideration.

SPP Shishir Hirey began his argument by saying that Dasgupta had a crucial role to play in TRP manipulation being the CEO of BARC. "It is his duty to see the company earns more and more from all sources," he submitted.

He cited the legal notice sent by Bennet Coleman and Company to BARC seeking compensation of over Rs 400 crore for TRP manipulation.

The SPP will continue his arguments tomorrow, at 11.30 am.

The Sessions Court had earlier dismissed Dasgupta's bail application observing that there was prima facie evidence to show that he was the mastermind.