Arnob Misleading the Apex Court,he is neither a journalist nor an Editor,plea in Apex Court.
(Judicial Quest News Network)
An Application filed by Advocate Reepak Khansal in Supreme Court seeking to initiate perjury proceedings against Arnab Goswami, Editor-in Chief of Republic TV.
The applicant sates that Goswami made misleading statements in the writ petition filed by him in the SC seeking to quash the FIRs registered against him across the country.
The applicant takes objection to the claims made by Goswami in the plea “Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1. —A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2. —A false statement as to the belief of the person attesting is within the meaning of this
section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. “
The applicant submits the citation of “The Supreme Court said the same in the Secretary Ministry of Information and Broadcasting, Government of India and others v/s. Cricket Association of Bengal and Others 1995 SCC (2) 161 as under”
“(c) Broadcasting media is inherently different from Press or other means of communication / information. The analogy of press is misleading and inappropriate. This is also the view expressed by several Constitutional Courts including that of the United States of America.”
He further submits that there is no law enacted till today to bring broadcasting employees/Anchors in the definition of journalist and electronic broadcasting channels in the definition of PRESS,
On the grounds mentioned above the applicant urges that Goswami knowingly made a false claim on affidavit before the SC, attracting the offence of perjury under Section 191,199 and 200 of the Indian Penal Code.
Therefore, the petitioner urges the SC to initiate process under Section 340 of the Code of Criminal Procedure to prosecute the Republic TV anchor for perjury.
[Read the Petition]
