The Calcutta High Court has quashed criminal proceedings against Arnab Goswami, Republic TV, and ARG Outlier Media Pvt. Ltd., stating that the alleged objectionable remarks made against the Marwari community during a live debate aired on April 21, 2020, were personal opinions of a panelist and not endorsed by the channel or Goswami.
Justice Shampa Dutt (Paul), presiding over the matter, ruled that there was no prima facie evidence showing the petitioners’ involvement in making or endorsing the comments, and held that continuing the proceedings would amount to an abuse of the legal process.
“The statement made in this case was a personal opinion/view during a live telecast. It was made by a panellist who did not prima facie have the approval of the petitioners to make such a statement… As the statement was during a live show, it can be presumed that the petitioners did not foresee such statement being made by a panelist.” — Justice Shampa Dutt
BACKGROUND OF THE CASE
On April 21, 2020, during a live episode of Republic TV’s show “The Debate”, panellist Subhojit Ghosh allegedly made derogatory statements about the Marwari community, linking them to black marketing practices in West Bengal.
The remarks led to an FIR being registered against Arnab Goswami and Republic TV under Sections 153A, 153B, 500, 504, and 120B of the Indian Penal Code (IPC), accusing them of promoting enmity and allowing the dissemination of offensive content.
TRANSCRIPT HIGHLIGHTS FROM THE BROADCAST
The following exchanges during the show became the focus of the legal complaint:
Subhojit Ghosh: “…the black marketing of the dishonest Marwaris in West Bengal?”
Arnab Goswami: “What? What do you mean by that? I mean what kind of a comment is that?… Least expected a comment from you but anyway…”
Ghosh: “The Marwaris (unclear) black-marketing of masks at large.”
Nalin Kohli: “You are demeaning a whole community… you are making this a community fight now.”
Ghosh: “The Marwaris are into black marketing in West Bengal.”
Arnab Goswami: “…we will not go down that way, Subhojit. I don’t think that is even worth responding to.”
REPUBLIC TV’S CLARIFICATION
Following the backlash, Republic TV issued a public clarification via social media, distancing itself from Ghosh’s remarks.
“Republic TV strongly condemns the comment made by a panelist in the course of the debate on Bengal last night. Attached here is the unedited clip with details of the facts as they unfolded.” — Republic TV on X (formerly known as Twitter)
Arnab Goswami emphasized that panelists express their views during live debates, which the channel does not necessarily endorse or control, and that the remarks in question were made spontaneously during the live show.
COURT’S OBSERVATIONS AND RULING
Justice Dutt held that the ingredients required to invoke criminal charges under Sections 153A and 153B IPC — which pertain to promoting enmity between groups — were not met.
“There is nothing to show that there was any overt act on the part of the petitioners which led to the panellist make such statement. As such there is no ingredient to show that the petitioners acted in a manner which promotes enmity between different groups etc nor is there any material to show that the petitioners had done any act which was prejudicial to maintenance of harmony.”
On the defamation charges under Sections 500 and 504 IPC, the Court stated:
“In this case, no particular person has been allegedly defamed, intentionally insulted or provoked by the petitioners herein.”
The Court also ruled that there was no evidence of conspiracy or agreement between Goswami, Republic TV, and Subhojit Ghosh to make the objectionable statement.
Consequently, the Court quashed the FIR and proceedings, allowing the revision petition in favor of the petitioners.
CASE DETAILS
- Case Title: Arnab Goswami & Anr. v. State of West Bengal & Anr.
- Case No.: CRR 1187 of 2022
- Bench: Justice Shampa Dutt (Paul)
- Date of Judgment: April 10, 2025
LEGAL REPRESENTATION
FOR THE PETITIONERS:
- Senior Advocates: Mahesh Jethmalani, Sandipan Ganguly
- Advocates: Apalak Basu, Saket Shukla, Nazir Ahmed, Zoeb Cuteriywala, Smita Mukherjee, Saheli Bose
FOR THE STATE:
- Advocate General: Kishore Dutta
- Additional Public Prosecutor: Rudradipta Nandy
- Advocate: Sanjana Saha
