The arrest of Arnab Goswami, Editor-in Chief of Republic TV, was overshadowed by the US elections but it makes for an important case about the rule of law or the absence of it in India. Goswami was arrested on an abetment of suicide case filed by the family members of a suicide victim in May this year stating her dissatisfaction on the investigation process following which the case was closed. Arnab has been at loggerheads with Mumbai Police over the Palghar incident which he alleged was communal in nature when the facts speak otherwise. Arnab also insinuated that Congress President Sonia Gandhi orchestrated the attack on Hindu priests for which she will report to the Vatican. Then followed the Sushant Singh Rajput suicide case Arnab believes was murder and which turned into a witch-hunt for the murderer. Journalism is by no means a license to try people for murder. But Arnab has pronounced worse judgments after conducting trials on various issues in his studio. The allegation against Rhea Chakraborty reeks of vendetta by Republic TV although the alibi was to fight for justice for the deceased Bollywood star.
But while we might oppose the highly polarising and communally charged journalism that Arnab Goswami practices, it is important not to forget that the rule of law in this case has been compromised. A journalist cannot be arrested simply for critiquing the government of the day. Due process of law would require a summons to be issued to Arnab Goswami under Section 91 for interrogation before any arrest could be made.
In law abetment to suicide implies an overt act by word or deeds which drives a person to suicide and that should be the burden of police investigation. It would be premature comment on this matter at this stage. After the wife of the deceased interior decorator had petitioned for reopening the case an investigation under Section 173(8)CrPC is ongoing. The due process of law would have meant a summons to be issued to Goswami for questioning before any arrest is made.
All right thinking citizens committed to the Right to Life and Personal Liberty guaranteed under the Constitution should demand that the Rule of Law must prevail and the growing misuse of the power of arrest against journalists that are critical of State or Central Government irrespective of which party is in power, should immediately stop. But the uproar against the arrest of Arnab Goswami should not subsume the other arrests of other lesser known journalists across the country on very flimsy reasons and on charges of sedition amongst others. The fourth estate cannot be coerced to tow the government line, although it has to operate within the ambit of Article 19 (1) (a).