The Bombay High Court on Wednesday questioned the Mumbai Police on why it kept “the sword hanging on their head” while hearing ARG Media Outlier’s plea challenging the proceedings initiated against its channels and its employees by the police, Bar and Bench reported.
Senior advocate Ashok Mundargi argued that despite filing two chargesheets, there was neither evidence nor any mention of the “suspects” in the case.
He argued that the force had conducted a press conference on October 8, 2020 mentioning Republic TV‘s name, however, with no such mention in the FIR registered. He sought for the admission of the plea on the grounds that “the investigation was cooked up” and that the force had intentionally not mentioned them as accused but mere suspects in the chargesheet alleging that Republic TV was being targeted. Mundargi added that even the internal reports and statements submitted by the Broadcast Audience Research Council (BARC) did not mention the channel’s name.
The TRP scam was unraveled in October 2020 when the Mumbai Police claimed to bust a scam and accused three news channels of internally rigging the viewership rating mechanism. Former Mumbai Police chief Param Bir Singh accused television channels Republic TV, Fakt Marathi and Box Cinema of manipulating TRPs during a press conference.
Mundargi challenged the police to not play “hot and cold” and said, “We are still suspects. If there is material against us then let that material be shown. After four months they cannot say they will not show material and keep the sword hanging. They cannot investigate us forever.”
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The Mumbai Police had earlier argued that the holding company’s plea stands dismissed in that none of the mentioned names have been declared accused and that only the accused can file for a transfer of case. It suggested that Republic TV was playing victim to transfer the probe to the CBI.
When special public prosecutor Shishir Hiray was asked whether there was any evidence, he said that they were still collecting evidence.
“Then why not make them an accused? We do not think there is anything as such as suspect in criminal law,” Justice Pitale told Hiray.
The case is being heard by Justices SS Shinde and Manish Pitale and will be heard next on Thursday.