No Coercive Action Of Arrest Is Permitted Without Giving Prior Notice: Bombay High Court Rules In Favour Of Arnab

The Bombay High Court in its decision in case of ARG Outlier Media Private Ltd & Another vs State of Maharashtra & Ors, ruled that the Mumbai Police should give three days' prior notice if they want to arrest the journalist in the TRP scam case.

“The prosecution agency cannot invoke clause 12 in the chargesheet for taking coercive action against the petitioners. Accordingly, the investigating agency cannot take coercive action against the petitioners relying upon the aforesaid clause 12 of the chargesheet” Division Bench of SS Shinde & Manish Pitale noted.

It was also held that in case the investigating officer desires to summon the Petitioner (Arnab Goswami) for inquiry/investigation, he shall give clear notice of three days (excluding holidays) to him. In case, such notice/summons is received by the Petitioner, as assured by him to this Court and recorded in the order dated Oct 19, 2020, he shall appear and co-operate with the inquiry before the concerned investigating officer.

The Advocate, appearing for the Petitioners cited the judgment of this Court in the case of Gyanchand Verms Vs. Sudhakar B. Pujari (2011 SCC OnLine Bom 100), and third judge reference in the same matter reported in 2011 (6) Mh.L.J. 904, wherein it has been held that under the Cr.P.C. there is no such concept as “suspect” and that investigation and proceedings can be undertaken only against accused persons.

The counsel for Petitioners further contended that the State is acting in a most mala fide manner and it is for this reason that without naming the petitioners as accused they are likely to be harassed in respect of FIR, which is subject matter of challenge in this petition.

On the other hand, the counsel for State argued that the Petitioner cannot claim any special status and he must face the investigation and it is within the domain of the investigating officer to take further necessary steps during the course of investigation including effecting arrest, if necessary.

During the course of investigation/inquiry, if the investigating officer has reason to believe that he needs to take coercive action against the petitioner, he shall give clear notice of 72 hours before taking such coercive action, so as to facilitate the Petitioner to approach the competent forum for appropriate reliefs.

The HC also made clear that, unless such procedure is followed by the Investigating Officer, no coercive action of arrest should be taken against the Petitioner.

Case Title: ARG Outlier Media Private Limited & another v. State of Maharashtra & others