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Supreme Court of India 2020-05-19 partly_allowed

Arnab Ranjan Goswami vs Union of India & Ors

Bench: 2 — Dhananjaya Y Chandrachud, M R Shah

In Brief

Arnab Goswami, a television news anchor, challenged multiple FIRs filed in different states following broadcasts about the killing of two sadhus in Palghar. The Supreme Court held that multiple FIRs based on the same cause of action constitute abuse of process and must be quashed. While declining to quash the single FIR under investigation in Mumbai (as remedies under the CrPC suffice), the Court upheld Goswami's right to free speech as a journalist. It rejected his plea for CBI investigation, finding no exceptional circumstances warranting such transfer. The Court clarified that criminal defamation charges require a specific complaint and cannot proceed by FIR alone. Overall, the Court balanced journalistic freedom against criminal investigation, protecting against vexatious multi-state proceedings while allowing legitimate investigation to proceed.

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Constitutional Law Freedom of Speech and Expression Criminal Procedure Abuse of Process Multiple FIRs Journalistic Freedom Transfer of Investigation Criminal Defamation Mala Fide Proceedings Article 32 Jurisdiction

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