Comprehension
The bench of Dr DY Chandrachud and MR Shah, JJ has refused to transfer to CBI the criminal cases lodged against Republic TV Editor in-Chief Arnab Goswami for alleged defamatory news show telecast on April 21 in connection with the Palghar mob-lynching case. It also quashed all FIRs against Arnab Goswami except one which was filed in Nagpur and which has been transferred to Mumbai via order dated 24.04.2020.
[Excerpt from SCC Online Blog, May 19, 2020]
Delivering the verdict, Justice Chandrachud said, "Article 32 of the Constitution constitutes recognition of the constitutional duty entrusted to this Court to protect the fundamental rights of citizens. The exercise of journalistic freedom lies at the core of speech and expression protected by Article 19(1)(a). The petitioner is a media journalist. The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and expression under Article 19(1)(a). India's freedoms will rest safe as long as journalists can speak truth to power without being chilled by a threat of reprisal…Free citizens cannot exist when the news media is chained to adhere to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”: “Questions you cannot answer are usually far better for you than answers you cannot question.”
[Excerpt from Arnab Ranjan Goswami vs Union Of India on 19 May, 2020]
Question: 1

The above passage mentions about the Journalist‘s request to transfer the case to the CBI (Central Bureau of Investigation) for investigation. What could be the appropriate reason for such request?

Updated On: Jul 15, 2026
  • The CBI is a central investigating agency and conducts more scientific investigation.
  • Where State government is an interested party, the investigation conducted by the state police, may be biased.
  • The FIRs relate to an offence of defamation of the President of a national party, so the matter should be investigated by the CBI.
  • None of the above.
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The Correct Option is B

Approach Solution - 1

The correct option is (B): Where State government is an interested party, the investigation conducted by the state police, may be biased.
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Approach Solution -2

The passage explains a journalist's request to move the investigation to the CBI, the question asks for the strongest reason such a request would typically be made. Each option needs to be tested for legal soundness.

  1. The CBI is a central investigating agency and conducts more scientific investigation: While the CBI does have specialised resources, a transfer of investigation is not ordered merely because one agency might be more scientific than another, that alone is not treated as a legally sufficient ground, since state police are equally competent to conduct a lawful investigation in ordinary circumstances.
  2. Where State government is an interested party, the investigation conducted by the state police, may be biased: When the very authority controlling the state police force has a stake in the outcome of the case, for instance where the complainant, the accused, or the political establishment of that state has an interest, there is a genuine apprehension that the investigation may not be conducted fairly. Transfer to the CBI is granted precisely on this ground, to ensure the probe is free from any actual or perceived influence of the state machinery.
  3. The FIRs relate to an offence of defamation of the President of a national party, so the matter should be investigated by the CBI: The identity or political stature of the complainant does not, by itself, justify handing the case to a central agency, transfer of investigation is not granted simply because a prominent political figure is involved, this would open the door to routine transfers with no real basis.
  4. None of the above: This is incorrect because option (2) does state a recognised, legally sound basis for seeking a transfer to the CBI.

The genuine justification for seeking a CBI probe lies in removing any doubt about the impartiality of the investigation where the state itself, or those aligned with it, may have an interest in the outcome.

Therefore, the correct answer is Where State government is an interested party, the investigation conducted by the state police, may be biased.

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Question: 2

The above passage quotes the observation of the Court in relation to freedom of speech and expression as, “Questions you cannot answer are better than questions you cannot question.” Now, based on such observation, chose the most appropriate option which describes the scope of such questions.

Updated On: Jul 15, 2026
  • The term “question” mentioned are not subject to limitations imposed upon the Freedom of Speech and Expression
  • Those question are limited to the information warranted by the person.
  • The court is referring to the right to information through the above quote.
  • The questions are also subject to limitations imposed upon the Freedom of Speech and Expression.
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The Correct Option is D

Approach Solution - 1

The correct option is (D): The questions are also subject to limitations imposed upon the Freedom of Speech and Expression.
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Approach Solution -2

The quoted observation, questions you cannot answer are better than questions you cannot question, is being used in the passage to underline the value of free and open inquiry as part of the freedom of speech and expression under Article 19(1)(a). The question asks which option correctly describes the scope of such questions. Each option needs to be checked against how fundamental rights actually operate.

  1. The term question mentioned is not subject to limitations imposed upon the Freedom of Speech and Expression: No fundamental right under Article 19(1)(a) is absolute, every exercise of speech and expression, including posing questions in journalism, remains subject to the reasonable restrictions attached to that right. Claiming an exemption for questions specifically would place them above the Constitution's own restriction clause, which is not correct.
  2. Those questions are limited to the information warranted by the person: This introduces a vague, self-defined limitation that has no real basis, restrictions on speech come from law, not from what an individual personally believes is warranted.
  3. The court is referring to the right to information through the above quote: The quoted passage is about the freedom to ask and pursue open-ended questions as an aspect of speech and expression under Article 19(1)(a), it is not a discussion of the separate statutory right to information framework, so this option misidentifies the right being discussed.
  4. The questions are also subject to limitations imposed upon the Freedom of Speech and Expression: Since the right to ask questions is itself an exercise of the freedom of speech and expression, it necessarily carries the same constitutional restrictions that apply to that freedom generally, such as those relating to public order, decency, and defamation. This is consistent with how every facet of Article 19(1)(a) operates.

Treating the freedom to question as unlimited would be inconsistent with the constitutional scheme, where every form of speech and expression remains subject to reasonable restrictions.

Therefore, the correct answer is The questions are also subject to limitations imposed upon the Freedom of Speech and Expression.

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Question: 3

It is an established principle of law that the offence of defamation (harming the reputation) has many exceptions and the imputation of truth is one of those, but the accused must prove that such imputation was true and also for the public good. In the light of this statement which of the following questions/statements are not defamatory?

Updated On: Jul 15, 2026
  • An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire
  • A question to a female actress about her sexual relationship with a married man
  • A question to a public servant about his extramarital relationship with a colleague
  • An Article published in a magazine stating a female politician as 'B grade‘ actress.
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The Correct Option is A

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The correct option is (A): An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire
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Approach Solution -2

Truth is a defence to defamation only when the imputation is both true and made for the public good. The question asks which of the four statements/publications would not amount to defamation, meaning the publication must be truthful and serve a genuine public interest rather than mere curiosity or malice. Let's test each option.

  1. An article about the unaccounted property of a public servant, in the form of a questionnaire: Unaccounted or disproportionate assets held by a person holding public office go directly to questions of corruption, accountability, and the proper use of public power, matters the public has a legitimate interest in knowing about. Raising such questions through a published article serves the public good even if it embarrasses the official, so this would not be treated as defamatory.
  2. A question to a female actress about her sexual relationship with a married man: A private individual's personal or intimate relationships do not concern the discharge of any public duty or public interest, publishing such a question serves only curiosity about her private life and causes reputational harm without any corresponding public good, so this would amount to defamation.
  3. A question to a public servant about his extramarital relationship with a colleague: Even for a public servant, a purely personal relationship that has no bearing on the performance of official duties or misuse of office remains private, publicising it damages reputation without serving any legitimate public interest, so this too would be defamatory.
  4. An article stating a female politician as a "B grade" actress: Labelling a politician with a derogatory and unrelated description that has nothing to do with fact or public duty is an imputation made to demean rather than inform, it is neither shown to be true nor connected to any public good, so this would also amount to defamation.

Only the first scenario involves a matter of genuine public accountability, unaccounted wealth in the hands of a public servant, published for the public good rather than to embarrass a private individual.

Therefore, the correct answer is An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire.

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Question: 4

In the above passage, the Court ordered for the merging of different FIRs into one and the investigation to be conducted at Mumbai. What is the reason behind such order?

Updated On: Jul 15, 2026
  • Multiple FIRs mean multiple investigations and the same might cause hardships to the accused.
  • The first FIR was registered at Mumbai and the investigation should be conducted at Mumbai.
  • The accused resides at Mumbai and the investigation should be conducted only at Mumbai
  • Multiple FIRs are frivolous and there is only one cause of action
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The Correct Option is A

Approach Solution - 1

The correct option is (A): Multiple FIRs mean multiple investigations and the same might cause hardships to the accused.
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Approach Solution -2

When several FIRs are lodged across different places for what is essentially the same set of allegations arising out of a single incident, the multiplicity itself can cause unfairness, and consolidation is ordered to prevent that. The question asks for the actual reason behind merging multiple FIRs into one, tested option by option.

  1. Multiple FIRs mean multiple investigations and the same might cause hardships to the accused: Facing separate investigations, and potentially separate trials, in different states for what is really one course of conduct forces the accused to answer the same allegations repeatedly, defend himself in multiple jurisdictions, and risk inconsistent outcomes. Preventing this kind of duplication and hardship is exactly the rationale used to consolidate FIRs at one location.
  2. The first FIR was registered at Mumbai and the investigation should be conducted at Mumbai: The mere fact that one FIR happened to be lodged first in a particular city is not, by itself, the legal basis for consolidation, the first-in-time fact is incidental, the real question is where consolidation serves fairness and convenience, not merely which FIR came first.
  3. The accused resides at Mumbai and the investigation should be conducted only at Mumbai: The accused's place of residence is not the deciding factor for where a consolidated investigation should proceed, investigations are located based on considerations like where the cause of action substantially arose and the convenience of a fair probe, not the accused's home address.
  4. Multiple FIRs are frivolous and there is only one cause of action: Describing every subsequent FIR as frivolous is not accurate, they may well disclose genuine allegations, the actual problem is not that they are baseless but that pursuing them separately, even if each is genuine, needlessly multiplies proceedings over the same underlying facts.

The real justification for merging the FIRs is to spare the accused the burden of facing repetitive investigations and possibly conflicting proceedings over what is, in substance, one transaction.

Therefore, the correct answer is Multiple FIRs mean multiple investigations and the same might cause hardships to the accused.

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Question: 5

Defamation is punishable:

Updated On: Jul 15, 2026
  • Both as a Civil wrong as well as a Crime
  • Only as a Civil wrong.
  • Only as a Criminal wrong
  • None of the above
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The Correct Option is A

Approach Solution - 1

The correct option is (A): Both as a Civil wrong as well as a Crime
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Approach Solution -2

The question asks about the legal character of defamation in India, whether it is a civil wrong, a criminal offence, or both. Each option needs to be checked against how the law actually treats defamation.

  1. Both as a Civil wrong as well as a Crime: Indian law recognises defamation as a tort, allowing the aggrieved person to sue for damages in a civil court, and separately as a criminal offence, punishable with imprisonment or fine on a criminal complaint. Since both remedies coexist and a person defamed can pursue either or both avenues, this accurately reflects the dual nature of defamation.
  2. Only as a Civil wrong: This overlooks the fact that defamation also carries criminal consequences under statute, restricting it to a purely civil remedy leaves out the criminal complaint route that is equally available.
  3. Only as a Criminal wrong: This is equally incomplete, it ignores the well-established civil law of torts, under which a defamed person can independently claim monetary compensation without necessarily invoking criminal law.
  4. None of the above: This is incorrect because defamation clearly does attract legal consequences, both civil and criminal avenues are available and neither can be dismissed.

Because the law provides both a tortious remedy and a penal provision for defamation, and an aggrieved party may choose to pursue either, the dual character captured in the first option is the accurate description.

Therefore, the correct answer is Both as a Civil wrong as well as a Crime.

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