"We Are Also Concerned With The Tendency Of Police Commissioners Giving Interviews":SC In Republic Vs Mumbai Police TRP Case

Mehal Jain

15 Oct 2020 12:41 PM IST

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We Are Also Concerned With The Tendency Of Police Commissioners Giving Interviews:SC In Republic Vs Mumbai Police TRP Case

The Supreme Court on Thursday allowed Republic TV and its editor-in-chief Arnab Goswami to approach the Bombay High Court for quashing of a FIR registered by Mumbai Police for manipulating their Television Rating Points, or TRP."Your client has an office at Worli (in Mumbai)? Between Flora Fountain and the bridge, it would be better if you move the high Court either under 226 or 482...

"Your client has an office at Worli (in Mumbai)? Between Flora Fountain and the bridge, it would be better if you move the high Court either under 226 or 482 (CrPC)", expressed Justice D. Y. Chandrachud at the outset.

"We can go under 226...Normally, in a 19(1)(a) scenario...(cutting off)", began Senior Advocate Harish Salve for the petitioner.

"We are also concerned about the fact that of late there has been a tendency of the Commissioners of Police to start giving interviews", observed Justice Chandrachud.

"Please take a look at the interview and the FIR- how can an investigation be proceeded with?...I was hoping to rely on Your Lordships' observation in Romila Thapar, where I had appeared for the state and tried to defend...", advanced Mr. Salve.

"We are asking you to go to the HC because the scope of 226 is wider than 32", noted Justice Indu Malhotra.

"Also, the HC is seized of the matter. Entertaining the petition here without the intervention of the HC sends a message to the HC. We should faith in the HC...it has been operating throughout the pandemic situation", said Justice Chandrachud.

Accordingly, "like any other citizen facing the predicament of an investigation under the Cr.P.C.", the bench allowed the plea to be withdrawn and the petitioner to able to approach the High Court.

The Mumbai Police last week claimed to have busted a racket that involved private television channels manipulating their Television Rating Points, or TRP.

"Investigation reveals that Republic TV, Fakth Marati and Box Cinema have indulged in such activities", the Mumbai police said in a statement.

A household comprising people who were not literate always had an English news channel switched on; they were paid about Rs 400-500 every month, said the police.

The Detection Crime Branch of Mumbai police, which unearthed the TRP racket, has arrested owners of two Marathi channels, for manipulating viewership ratings, the official said.

The police said that they arrested a person associated with Hansa Research Group Pvt Ltd, which was assisting the Broadcast Audience Research Council (BARC). BARC prepares the TRP ratings, installing 30000 barometers in various parts of the country to monitor programs and based on the statistical metrics, BARC awards ratings to various TV channels.

As per the police version, few employees of Hansa misused the confidential data which had been entrusted to them.

"Preliminary investigations also revelaed that these accused persons have manipulated the sampling metering services by inducing the barometer users by paying them periodically to watch particular TV Channel/s. Many of the people in whose homes these barometers have been installed have accepted that they have been monetarily beneficial for keeping their TV sets on even if they did not actually watch", the police statement said.

Mumbai Police Commissioner Param Bir Singh told reporters an FIR has been registered at Kandivali Police Station for offences of criminal breach of trust (Section 409), cheating (420) and criminal conspiracy (120B) under the Indian Penal Code.

Responding this development, Republic TV head Arnab Goswami issued a statement warning Mumbai Police of criminal defamation case.

"Commissioner made false allegations against Republic TV because we have questioned him in the Sushant Singh Rajput case investigation. Republic TV will file a criminal defamation case against Mumbai police commissioner Param Bir Singh.

Mr Param Bir Singh's investigation in the Sushant Singh Rajput case is under a cloud and this is a desperate measure because of Republic TV's reportage on Palghar, Sushant Singh Rajput case or any other case.

This kind of targeting only strengthens the resolve of everyone at Republic TV to push for the truth even harder", said Mr. Goswami.

"We Are Also Concerned With The Tendency Of Police Commissioners Giving Interviews":SC In Republic Vs Mumbai Police TRP Case

Mehal Jain

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