In a significant interim relief, the Karnataka High Court on Thursday, May 22, stayed the further investigation into an FIR registered against Republic TV Editor-in-Chief Arnab Goswami and BJP IT Cell head Amit Malviya. The FIR had accused them of spreading false claims suggesting that Turkey’s Istanbul Congress Centre was functioning as the international office of the Indian National Congress.
The interim stay was granted by Justice S Rachaiah, a vacation bench judge, while hearing petitions filed by both Goswami and Malviya seeking to quash the criminal proceedings initiated against them. The FIR had invoked Sections 192 and 352 of the Bharatiya Nyaya Sanhita, which pertain to provocation with intent to cause riot and intentional insult with intent to provoke breach of peace, respectively.
"The petitioner has aired a programme where he has questioned that Turkey is against our national interest. Why does the political party have to have an office in that country? That was his opinion expressed in a news channel," argued Senior Advocate Arun Shyam, representing Arnab Goswami.
He further clarified that the digital content accompanying the broadcast had mistakenly included an incorrect image which was not of the Congress party office. By oversight the junior editor posted it and immediately we clarified it. Absolutely there is no case made out, he added.
Opposing the petition, Additional State Public Prosecutor B N Jagadeesha argued that the misinformation was not only disseminated through the broadcast but was also published digitally. False information is disseminated through him and he later issued a corrigendum. The programme is continued to be aired both in print and electronic media and mere asking corrigendum or apologising... the prosecutor submitted.
He also referred to a Supreme Court ruling in the case involving Madhya Pradesh Minister Vijay Shah, stressing that the investigation should be allowed to continue as per Apex Court precedent. Jagadeesha added that police had to travel to Delhi to serve notice, and that Goswami allegedly involved local police during the process.
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"The police have gone to Delhi to serve notice and the petitioner has called the local police," he said, arguing for continuation of the probe.
After considering the submissions and reviewing the records, the bench issued notices to the respondents and passed an interim stay on the FIR, effectively halting the investigation until further orders.
The complaint leading to the FIR was lodged by Shrikant Swaroop B N, head of the legal cell of the Indian Youth Congress, at the High Grounds police station in Bengaluru. According to the complaint, both Malviya and Goswami orchestrated a criminally motivated campaig aiming to spread misinformation and defame a national political party.
"The misinformation was deliberately designed to mislead the Indian public, defame a major political party, stir nationalist sentiments, and incite unrest," the complaint alleged.
The case is registered under the titles: Arnab Goswami vs. State of Karnataka and Anr and Amit Malviya vs. State of Karnataka and Anr, bearing CRLP No. 7425 of 2025.
Senior Advocates Arun Shyam and Prabhuling K Navadgi appeared on behalf of the petitioners, while Additional State Public Prosecutor B N Jagadeesha represented the state.
