Gujarat HC grants relief to news anchor accused in defamation, atrocities case after complaint by senior Congress leader
Justice Nirzar Desai was hearing the petition by Gopi Maniar-Ghanghar, anchor of Ahmedabad-based Nirbhay News Channel, for quashing and setting aside the FIR lodged at Tapi District, based on Chaudhary's complaint under Section 356 (Defamation) of the Bharatiya Nyaya Sanhita (BNS) and various sections of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Chaudhary is the newly appointed Congress Legislature Party (CLP) leader in Gujarat Assembly.
The court order stated, 'Public Prosecutor Hardik Dave has made a statement before this Court upon instructions received by the Dy.SP Nikita Shiroya (SC/ST Cell Tapi Vyara) that… the investigation is at very initial stage and therefore, it would serve the end of justice if this Court records the statement of learned Public Prosecutor that in case, during the course of investigation, if the investigating officer deems it appropriate to arrest the present applicant, she will be given a clear notice of fifteen days and upon receipt of the notice…'
The court further said, 'The applicant would be at liberty to avail appropriate remedy so as to take remedial measure to seek relief against her proposed arrest. Such a period would start from the date of receipt of the notice by the present applicant.'
Chaudhary's complaint is also against Jagdish Mehta, group editor of Rajkot-based Headlines News channel. Chaudhary has alleged that the journalists had defamed him and his deceased father, former Gujarat Chief Minister Amarsinh Chaudhary.
In the FIR, the Congress MLA from Khedbrahma has alleged that in a show aired on July 22 on Nirbhay News, Ghanghar made an objectionable statement against him. He said Mehta consented to the statements, which were 'defamatory for him and the entire tribal community'.
Ghanghar's advocate Utkarsh Dave said, '…Ghanghar… was the interviewer, who does not have control over what the other person is going to say… We will proceed with legal remedy in case the notice for arrest is issued.'
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