Pearl Narang is a final year law student of B.B.A.LL.B (Hons.) at Chandigarh University, Mohali and is currently interning as a Trainee in Business World Legal Community. She is also pursuing a diploma in Contract Drafting, Negotiation and Dispute Resolution. She is passionate about both law and writing.
Republic TV filed a petition in the Supreme Court to challenge the summons issued to the CFO of the Republic Media Network in relation to investigation in the TRP Scam case.
The Court declined the plea and told the petitioner to approach the High Court
A Bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee told the ARG Outlier Media Private Ltd. which owns the Republic Media Network,
"Like any other citizen who faces the predicament of an investigation under the Code of Criminal Procedure 1973, the petitioner will have to take recourse to the remedies which are available under the appropriate provisions of law. Hence, the petition under Article 32 of the Constitution is not entertained.”
Justice Chandrachud told Harish Salve, who was appearing for the Republic, "Your client's office is in Worli, you can go to Flora Fountain and approach the Bombay High Court under Article 226."
Justice Malhotra agreed, saying, "We are only saying approach the High Court first."
The petition that has now been withdrawn by Mr Salve.
Justice Chandrachud's concern
While declining the plea, Justice Chandrachud also expressed concern as to how police commissioners are giving interviews to the press these days.
Mumbai Police's affidavit
The CFO had requested the Mumbai Police to not investigate the channel and its employees till the matter is heard in the Supreme Court.
The Mumbai Police in its affidavit opposed that Republic TV is attempting to turn the TRP scam case into a “media spectacle”, and that rights under Article 19(1)(a) of the Constitution cannot be used as a shield against the commission of a crime.
The affidavit further stated that the allegations contained in the FIR cannot be decided at this stage of the proceedings and that there is “no exceptional circumstance which warrants the interference of the Court under Article 32”. Also, in the affidavit, Mumbai Police opposed Republic TV's demand for a CBI probe, saying the news channel can't decide which agency should investigate the matter.
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