Firstpost has managed to get a copy of the criminal complaint that Bennett, Coleman & Co Ltd (BCCL) sent to the Mumbai Police against Arnab Goswami and Prema Sridevi. The complaint has been accepted by the Mumbai Police and the matter is under investigation.
Original Title
BCCL's complaint letter against Arnab Goswami to Mumbai Police
Firstpost has managed to get a copy of the criminal complaint that Bennett, Coleman & Co Ltd (BCCL) sent to the Mumbai Police against Arnab Goswami and Prema Sridevi. The complaint has been accepted by the Mumbai Police and the matter is under investigation.
Firstpost has managed to get a copy of the criminal complaint that Bennett, Coleman & Co Ltd (BCCL) sent to the Mumbai Police against Arnab Goswami and Prema Sridevi. The complaint has been accepted by the Mumbai Police and the matter is under investigation.
TIMES
AETWORK
NOW OR NOTHING
16% May, 2017.
To
‘Phe Senior Inspector of Polic
Azad Maidan Police Station,
Mumbai
Sub; Information disclosing the commission of cognizable olen:
under the Indian Penal Code acommitted by Mr. Amab
Goswami and Ms. Prema Sridevi along with others known and
unknown persons punishable Under Sections 378 read with
Section 379, 403, 405 read with Sections 406, 409, 411, 414,
418 of the Indian Penal Code, read with Section 66-B, 72 & 72-A
of the Information Technology Act 2000 read with Section 34 and
Section 120-B of the Indian Penal Code.
Sir,
}. ‘The undersigned begs to submit the following inform
able olfesce
your good self disclosing the commission of cogni
by the aforesaid persons under the Indian Penal Code read
s under the information Technology Ac
various other provisior
2000, In respect of the said information an FIR be recordes |
somamitted the of le U/Sec.3
nees pun
‘BENNETT, COLEMAN & COMPANY LTD.
Aeattered Ofc: The Times oF na Bana,379, 403, 405 read with Sections 406, 409, 411, 414, 418 of the
Indian Penal Code, read with Section 66-B, 72 & 72-A of the
Information Technology Act 2000 read with Section 34 and
Section 120-B of the Indian Penal Code.
It is submitted that in view of the disclosures contained
hereinafter categorically making out a cognizable offence under
the LP.C. and the Information Technology Act, 2000, It is
submitted that, Bennett Coleman & Co. Ltd., have a television
division with its office at Trade House, Kamala Mil Compound,
Scnapati Bapat Marg, Lower Parel, Mumbai — 400 013; and with
a registered office at Times of India Building, D.N. Road, Mumbai
~ 400 001. The undersigned Complainant Bennett Coleman &
Co. Ltd., has been duly authorized by Bennett, Coleman & Co.
Ltd. to submit the following information disclosing commission of
cognizable offences against the aforesaid persons.
It is submitted that Bennett, Coleman & Co. Ltd., owns and
operates through its television division, various television
channels in India with a substantial presence overseas, One of
the channels owned and broadcasted by Bennett, Coleman & Co.
Ltd., is “TIMES NOW”, an English news channel which was
launched on 31* of January, 2006. One of the most popularprograms aired on “TIMES NOW? Channel is “The NEWS
HOUR”, which is a prime time live debate show on leading topics
and stories touching national and international issues of the
day. The said program is aired every day at 9.00 p.m. Needless
to say that, the Television Division of Bennett, Coleman & Co.
Ltd., is the unchallenged owner of the intellectual rights as well
as the concept and design of the said program under the title
“The NEWS HOUR.” Consequently the intellectual property
rights of all programs aired under the aforesaid programme are
in perpetuity with the Television Division of Bennett, Coleman &
Co. Ltd. It is submitted that such Intellectual Property Rights
are vested with the Television Division of Bennett, Coleman &
Co, Ltd., not only for the programs already aired on The NEWS.
HOUR everyday but also in respect of all information, including
details in the form of script prepared, information collected either
in written form or in the form of audio and video conversations
inter se between third parties as well as interviews taken by
reporters of Bennett, Coleman & Co. Ltd, on the strength of
which the Editor in Chief along with others in the organization of
the Television Division of Bennett, Coleman & Co. Lid. prepare a
complete data based pattern of the future stories, episodes and
programs to be aired under the title “The NEWS HOUR?” or in anyother news bulletin over a period of 3 to 6 months. All such
preparations so made are required to be used exclusively for the
purposes of the “THE NEWS HOUR’ program to be aired on daily
basis at 9.00 p.m. Consequently, the Television Division of
Bennett, Coleman & Co. Ltd. possesses Intellectual Property
Rights in respect of such data base which has been prepared for
daily airing a particular topic and story on the “THE NEWS.
HOUR.” Such data base, therefore, cannot be used for any other
purpose other than the purpose for which it has been compiled
over a period of 3 to 6 months, involving the contributions of
several members of a team from the Television Division of
Bennett, Coleman & Co. Ltd. in conceptualizing, designing,
configuring, composing by any process or means, whether
manual, mechanical or by usc of computer related hardware or
such appropriate software as is required for preparation of a
finished product to be aired on “THE NEWS HOUR’.
It is submitted that the aforesaid two Accused named
hereinabove i.e. Mr. Ammab Goswami and Ms. Prema Sridevi,
were the ex-employees of the Complainant Company and were
engaged in a capacity of Editor-in-Chief and the Reporter of
Times Now channel respectively and were under an employment
contract with the Television Division of Bennett, Coleman & Co.Ltd., involved in creation of all literary, dramatic and artistic
work required to be done for airing of programs on “THE NEWS.
HOUR” and other news bulletins of the Channel on the strength
of information collected by them personally as well as through
their network of reporters and contacts for building up the
stories to be aired on “THE NEWS HOUR” And various other
programmes of the Channel. Needless to say that such exercise
involved collection of material including, text, photographs,
illustrations, graphics, films, articles, stories, features, cartoons,
books, audio recording, video recording, logos, audio visual
recording, brand name and other items, so created by the
Television Division of Bennett, Coleman & Co. Ltd., for the
Channel. Consequently, the sole and exclusive intellectual
property right in perpetuity of the same vested in the Television
Division of Bennett, Coleman & Co. Ltd., and could have been
used only for the programme “HE NEWS HOUR” or such other
program with the consent and sanction of management of the
Television Division of Bennett Coleman & Co. Ltd. At this stage,
it would not be out of place to point out that the contract of
appointment of the aforesaid two Accused persons categorically
clarified that they would not be entitled to any residual rights in
respect of the aforesaid information either as copyrights or in5:
any other form. The Accused were aware that exclusive and
universal rights for publication, republication, sale or re-use of
such information in any newspaper, magazine or any other
medium including electronic medium of television, radio,
internet, digital, web, etc., vested only with the Television
Division of Bennett, Coleman @ Co. Ltd. It was also known and
conveyed to the aforesaid two Accused that during the course of
their employment with the Television Division of Bennett,
Coleman & Co. Ltd., all their contributions or work could be
used and exploited by the Television Division of Bennett,
Coleman & Co. Ltd., in such manner as was desirable in all of
the media whether in its portals or internet, radio, television,
broadcasting or DTH, or in any other emerging form or media,
driven by technology or otherwise.
It is submitted that, Accused No.1 Mr. Arnab Goswami was
employed by the Television Division of Bennett, Coleman & Co.
Ltd. in May 2004 as Vice President and Editor in Chief of the
“TIMES NOW” Channel. He resigned from services on 1
November, 2016 with his last working day being 18 of
November, 2016. The Accused No.2 aforesaid Ms. Prema Sridevi
had joined the Television Division of Bennett, Coleman & Co.
Ltd. on 1% June, 2005 and resigned from services 8 December,2016 i.e. a couple of weeks immediately after the resignation of
the Mr. Arab Goswami. Her last working day was 7% of
February, 2017. While Ms. Prema Sridevi was based in Delhi
office of the Complainant Company, she closely worked with
Accused Mr. Arnab Goswami in connection with program title
“THE NEWS HOUR” on “TIMES NOW” Channel. While joining
the “Times Now” Channel of the Television Division of Bennett,
Coleman & Co. Ltd., both Accused had voluntarily signed and
subscribed to an employment contract with Bennett, Coleman é&
Co. Ltd., binding themselves to the working conditions stipulated
therein, one of the most important conditions in the contract
was, the maintenance of confidentiality of employment activities,
trade secrets, company information etc. as well as an
acknowledgment by both the Accused persons, employees of the
Complainant Company admitting to the Intellectual Property
Rights, held, possessed and controlled by the Television Division
of Bennett, Coleman & Co. Ltd., of all work in any form
whatsoever, manual, digital, etc., done and developed by them in
the course of their employment. A copy of the said employment
contracts of Mr. Arnab Goswami and Mr. Prema Sridevi are
annexed hereto and marked as ANNEXURE-‘1’ collectively.‘The only intention of Accused Mr. Arnab Goswami subsequently
resigning from the Television Division of Bennett, Coleman & Co.
Ltd. and starting his own competitive channel on the same line,
design and concept, etc. of “TIMES NOW” Channel. A copy of the
extract of ROC of both the companies ie. M/s. ARG Outlier
Media Asianet News Pvt. Ltd. and M/s. SARG Media Holding, Pvt.
Ltd. annexed hereto and marked as ANNEXURE.
collectively.
It is submitted that on 6 May 2017, Accused No.1 launched his
news channel by the name, “Republic TV.” Accused Mr. Arnab
Goswami is the Managing Director of M/s. ARG Outlier Media
Asianet News Pvt. Ltd. (earlier known as ARG Outlier Media Pvt.
Ltd.). It is submitted that between August, 2016 and 18% of
November, 2016 which was the last working day of Accused Mr.
Arnab Goswami, all the accused persons were already engaged in
a conspiracy to cause the launching of a news channel which
was subsequently disclosed as “Republic TV and for which
purpose immediately after resigning from the Television Division
of Bennett, Coleman & Co. Ltd., Accused Mr. Arnab Goswami
joined M/s. ARG Outlier Media Asianet News Pvt. Ltd. and M/s.
SARG Media Holding Pvt. Ltd. and launched “Republic TV.”
Between 19% of November, 2016 and 6" May 2017 i.e.
approximately 5 to 6 months, Accused Mr. Arnab Goswami alongwith the aforesaid persons in continuation of his conspiracy as
aforesaid was engaged in preparation for the launch of his news
channel under the name “Republic TV" which actually went on
air on 6th May 2017. It is submitted that before the launch of
“Republic TV” on 6% May 2017 the Accused No.1 along with the
aforesaid named persons was also assisted by Accuscd Ms.
Prema Sridevi who had also resigned from the Television Division
of Bennett, Coleman & Co. Ltd. on 8% December, 2016, i.e. a few
days immediately after the resignation of Accused Mr. Arnab
Goswami.
It is noteworthy that both Accused Mr. Arnab Goswami and Ms
Prema Sridevi after having submitted their resignations
continued to work in the “Times Now” Channel for 18 days and
60 days respectively, during which period both the Accused
persons with the knowledge of starting a new chanel, had access
to all the above referred to intellectual property of the “limes
Now” Channel which was collected and built up for the purposes
of being aired on the Complainant's Channel after several weeks
and months of preparation by a complete team of “Times Now”
along with Accused Mr. Arnab Goswami and Ms. Prema Sridevi.
Incidentally it would not be out of place to mention that Accused
Ms. Prema Sridevi after having resigned from “Times Now”Channel as a reporter was inducted into “Republic TV” as a Sr.
Reporter/ Journalist.
It is submitted that on 6!" May 2017, the first story that was
aired on “Republic ‘TV" related to a conversation between Mr.
Lalu Prasad Yadav and Mr. Shahabuddin which was in the for
of an audio conversation purportedly recorded discreetly,
obviously without the knowledge of either Mr. Lalu Prasad Yadav
or Mr. Shahabuddin regarding certain issues which are more
specifically and explicitly recorded in the said audio
conversation, A footage of programme wherein the said
conversation is used on “Republic TV
is annexed hereto and marked as ANNEXURE- It is
submitted that on seeing the said program aired on “Republic
TV” the undersigned and all other staff of “Times Now” Channel,
involved in the creation of data for airing on THE NEWS HOUR
program as also the management drew a reasonable belief that
the said audio conversation was purportedly recorded before the
resignation of Accused Mr. Arnab Goswami in November, 2016,
in which case, the said audio conversation purported to be the
intellectual property of “Times Now” Channel and consequently
could not have been aired on “Republic TV” in the absence of a
specific consent given by “Times Now” Channel to the “Republic10.
‘TV" in its program. ‘The internal enquiry of the Complainant
clearly point out that the tapes of conversation between Mr. Lalu
Prasad Yadav and Mr. Shahabuddin were procured by Mr. Arnab
Goswami while he was in service of the Complainant.
It is submitted that on 8 May, 2017, Accused Mr.Arnab
Goswami aired a story on his channel “Republic TV” around 7.00
p.m., relating to the death of Late Ms, Sunanda Pushkar wife of
Mr. Shashi Tharoor a congress MP from Thiruvanathapuram
During this breaking story on “Republic TV", both Accused Mr.
Arnab Goswami and Ms. Prema Sridevi, released audio
recordings of conversation on phone made by Accused Ms.
Prema Sridevi between 16t and 17* January, 2014 revealing
the conversations between Accused Ms. Prem Sridevi herein and
Late Ms. Sunanda Pushkar and other connected persons
purportedly having transpired one day before as well as on the
day of demise of Late Ms. Sunanda Pushkar ie. on 17% January,
2014. It is submitted that the said audio recordings of
conversations having taken place between 16% and 17% January,
2014, were at a particular point of time when both Accused Mr.
Arnab Goswami and Ms. Prema Sridevi were legally bound by
their contract of employment in respect of the said conversations
which obviously formed an integral part of all that data baseHDs
collected by “Times Now” channel over a period of time for being
used as a part of its news content including the programme “The
NEWS HOUR” channel as a significant topic of BREAKING
NEWS. It is submitted that both Accused Mr. Arnab Goswami
and Ms. Prema Sridevi willfully, deliberately and knowingly
withheld the said information with themselves and removed the
same from the office of “Times Now” channel on or before the
submission of their resignation or at least on or before the date
of their last working day with “Times Now” Channel. It is
submitted that it is abundantly clear that the said audio
conversation which formed the part of intellectual property of
“Times Now” channel was removed from the office of “Times Now”
channel without the knowledge and consent of the team of
“Times Now” channel as well as its management which had over
a period of time worked upon collection of this material to form a
data base for making BREAKING NEWS for their program. The
Accused could have access to Ms. Sunanda Pushkar only and
only in the capacity as a reporter/journalist working with ‘Times
Now’ and not otherwise. Nowhere does the Accused No.2 claim
that she was a friend or acquaintance of Ms. Sunanda Pushkar
It is submitted that the Complainant and the entire management
of “Times Now” channel were shocked to sce the said tapedconversation being aired on “Republic TV.” In fact, the
discussion inter se between Accused Mr. Arnab Goswami and
Ms. Prema Sridevi and other participants in the said debate
show discloses that the Accused admittedly claim that the said
audio conversations were acquired by the Accused and was in
their possession from two years prior to the date of airing those
tapes, which is during their previous service, which obviously is
in the year 2014 with “Times Now” channel when they were
legally bound by their contract of work employment and the
conditions therein. The Accused were also legally bound to
forthwith hand over the taped conversations to the Complainant
and the police as the death of Ms. Sunanda Pushkar was under
investigation. Needless to say that, “Times Now” channel had
and continues to enjoy copyright over the said audio
conversations as they were collected during their employment
and the same having been aired on “Republic TV” by Accused
Mr. Arnab Goswami and Ms. Prema Sridevi, it was but obvious
that both the Accused have committed theft of the said
intellectual property of “Times Now” whilst in service of “Times
Now” channel and in breach of the contract of employment had
converted the said information into a program of breaking news
and aired it on “Republic TV’ without the consent and knowledgeof the “Times Now" channel and its management. In fact,
Accused Mr. Arnab Goswami and Ms Prema Sridevi boldly admit
and claim that the said audio conversation being aired on 8%
May 2017 was in their possession for the last two years when
they were in their previous organisation. Needless to say that
such audio conversation with Accused No.1 and 2 could not
been in their personal possession and in personal capacity and
in terms of the contract of employment they continued to remain
in possession of both the Accused as the intellectual property of
“Times Now” channel over which they had full and exclusive
right to the knowledge of said Accused persons IN TRUST
Removal of the said intellectual property of “Times Now” channel
by Accused Mr. Arnab Goswami and Ms. Prema Sridevi and
utilizing the same on ‘Republic TV” was done intentionally to
take the said intellectual property out of possession of “Times
” channel dishonestly without the consent of the
Now’
management of “Times Now’ channel. Consequently, Accused
No.1 and 2 have committed the offence of theft U/Sec.378 I.P.C
punishable U/Sec.380 of the LP.C. Footage of the program
wherein the said conversation is used on Republic TV is annexed
hereto and marked as “Annexure1a
13.
14.
IL is submitted that this offence of theft punishable U/Sec.379 of
LP.C. was committed by Accused Mr. Arab Goswami and Ms.
Prema Sridevi, by hatching a criminal conspiracy to commit such
offence with the intention of causing wrongful gain to the
“Republic TV” channel by causing an upscale of TRP and a
consequent wrongful loss to “Times Now” channel by causing a
decline of the TRP.
It is submitted that all the aforesaid Accused persons were well
aware that their act of theft would cause severe loss and damage
to “Times Now” channel and its revenue. Despite being aware of
the same the aforesaid Accused persons have conspired inter se
between themselves to commit the aforesaid offence of theft
thereby causing wrongful loss the “Times Now” channel and
wrongiul gain to themselves
It is submitted that Accused No.1Mr. Arnab Goswami and
Accused No.2 Ms, Prema Sridevi abovenamed in and others
known and unknown willfully, deliberately and with knowledge
converted to their own use for airing on ‘Republic TV” the
aforesaid intellectual property of “Times Now” channel and
thereby dishonestly misappropriated and converted to their own
use the said intellectual property of “Times Now” channel,15.
thereby committing the offence of criminal misappropriation of
property punishable U/Sec.403 of L.P.C.
It is submitted that in terms of the employment contract of
Accused No.1 and 2 the aforesaid intellectual property during
the period of service until such time as they resigned from
“Times Now” channel, the aforesaid intellectual property of
“Times Now” channel being the audio conversations aired on
“Republic TV’ on both the occasions i.e. on 6"* May 2017 as well
as on 8 May 2017 continued to remain entrusted with Accused
Mr. Arnab Goswami and Ms. Prema Sridevi with dominion over
the said property having been given to them only for the
purposes of airing the same in the form of a Breaking Story or
Breaking News on The NEWS HOUR program or in any other
news bulletin to be aired of “Times Now? channel. However,
Accused Mr. Arnab Goswami and Ms. Prema Sridevi in breach of
the reason, purpose and objective of having been entrusted
dominion over the said intellectual property of “Times Now”
channel, in collusion, connivance and conspiracy with others
known and unknown including the Directors of M/s. ARG
Oullier Media Asianet News Pvt. Ltd., dishonestly
misappropriated and converted to their own use the said
intellectual property and dishonestly used the same for airing on16,
“Republic TV” in violation of the direction of law and legal
express contract, provided for in the respective employment
contracts of Accused Mr. Arnab Goswami and Ms. Prema Sridevi
prescribing the mode and manner in which such entrustment of
intellectual property in both the Accused was expected to be
discharged. Consequently, having misused the dominion over the
said intellectual property and converted the same to their own
use by airing the same on “Republic TV’, in breach of their
express contract of employment, the Accused No.1 and Accused
No.2 have committed offences punishable U/Sec.405 of the
LP.C. and punishable U/Sec.406 L.P.C, It is submitted that the
aforesaid offences have been committed by Accused Mr. Arnab
Goswami and Ms. Prema Sridevi. The aforesaid Accused are
consequently charged with having committed the aforesaid
offences punishable U/Sec.405 read with 406 LP.C. read with
Section 120-B of the 1.P.C.
It is submitted that both Accused Mr. Arnab Goswami and Ms.
Prema Sridevi were entrusted with the intellectual property of
“Times Now” channel and dominion over the same, as an “agent”
of “Times Now” channel authorized to continue to hold dominion
over the entrusted property of “Times Now” channel from the
date of its acquisition onwards till their resignation on17.
November, 2016 and December, 2016 respectively, to facilitate
use of the said intellectual property during their period of service
only for the purposes of preparing a story of breaking news on
THE NEWS HOUR for “Times Now” channel only. However,
having dishonestly converted dominion over the said intellectual
property to their own use by airing the same on “Republic TV" on
6t May 2017 and 8® May 2017, the Accused Mr. Arnab
Goswami and Ms. Prema Sridevi have committed the offence of
criminal breach of trust as an “agent” of “Times Now” channel,
inasmuch as the said intellectual property was being held by
both the Accused for in the name and on behalf of “Times Now”
channel as “agent” of “Times Now” channel. Moreover, Accused
No.2 having been employed as a reporter for “Times Now”
channel was in the position of an “agent” for and on behalf of
“Times Now” channel, causing collection of information both
digital as well as non digital for the purposes of compilation of
data base for all the news programmes to be aired on Times Now
channel.
It is submitted that the aforesaid offence of criminal breach of
trust as agent by Accused Mr. Amab Goswami and Ms. Prema
Sridevi was committed and Consequently, the aforesaid Accused
are charged with having committed offences punishable18.
U/Sec.406 LP.C. read with Section 120-B of the Indian Penal
Code,
It is submitted that the aforesaid audio conversations between
Mr. Lalu Prasad Yadav and Mr. Shahabuddin which was aired
on 6' May 2017 and the audio conversations between Accused
No.2 and Late Ms, Sunanda Pushkar recorded between 16" and
17% January, 2014 was in possession held and controlled by
“Times Now” channel for the purposes of airing the same on THE.
NEWS HOUR program. Dominion over the said intellectual
property was made accessible to Accused Mr. Arnab Goswami
and Ms. Prema Sridevi for prescribed specific purposes and
objective for airing the same on news channel, however, both the
Accused, committed criminal misappropriation and criminal
breach of trust in respect of such property but having stolen the
same which was in the format of the computer resource and
communication device, knowing and having reason to believe
that the same when taken out of possession, control of “Times
Now” channel as the intellectual property of “Times Now”
channel, amounted to commission of offences of dishonestly
receiving stolen computer resource and communication device19.
20.
thereby committing cognizable offences punishable U/Sec.66-B
of the Information Technology Act 2000,
It is submitted that both the said Accused pursuant to the
authority vested in them under the employment contract with
“times Now” channel, secured access to the information
contained in the form of an electronic record by way of audio
conversation and without the consent of “Times Now” channel
and/or its management disclosed the said information contained
in the audio conversation and maintained in the form of
electronic record to the public at large by airing the same on
‘Republic TV" on 6'" May 2017 and 8% May 2017 without the
consent of “Times Now” channel and its management,
Consequently, the Accused Mr. Arnab Goswami and Ms. Prema
Sridevi have committed the offence of breach of confidentiality
and privacy as required to be maintained U/Sec.72 of the
Information ‘Technology Act 2000.
Jt is submitted that Accused Mr. Aranb Goswami and Ms. Prema
Stidevi during the period of their employment contract of
providing services to “Times Now” channel, in terms of their
lawful employment contract, have secured access to material
containing personal information about the conversation betweenAle
7)
Mr. Lalu Prasad Yadav and Mr. Shahabuddin as well as the
conversation which the Accused No.2 had with Ms. Sunanda
Pushkar and others and with the intent to cause and knowing
that it is likely to cause wrongful loss to “Times Now” channel,
without the consent of “Times Now” channel and its management
and in extended breach of a lawful employment contract
disclosed the said material to the public at large by airing the
same on “Republic TV’ and thereby committed offence
punishable U/Sec.72-A of the Information Technology Act, 2000.
It is submitted that all the aforesaid Accused being the
Promoters and Directors of M/s. ARG Outlier Media Asianet
News Pvt. Ltd. along with others known and unknown have
aided and abetted in the commission of the offences aforesaid
and therefore stand charged with having committed the aforesaid
offences in conspiracy with Accused Mr. Arnab Goswami and Ms.
Prema Sridevi and others known and unknown. Consequently,
all the aforesaid Accused deserve to be charged and tried for the
aforesaid offences along with Section 120-B of the Indian Penal
Code
It is submitted that all the aforesaid Accused persons viz., the
Promoters and Directors of M/s. ARG Outlier Media Asianet23.
24.
News Pvt, Ltd. along with others known and unknown by
various acts of omission and commission done the aforesaid
criminal acts inter se between themselves and with knowledge,
collusion and conspiracy with each other, in furtherance of their
common intention. Consequently, each of the aforesaid persons
is liable for each of the aforesaid criminal acts in the same
manner as if it were done each of the aforesaid Accused persons
alone.
In the circumstances, it is abundantly clear that all the aforesaid
Accused dishonestly committed the aforesaid offences with the
mala fide intention to grab viewership, deceive unsuspecting
viewers, mislead the public at large and make erodes and gains
on popularity and goodwill by motivating TRP on the strength of
such stolen intellectual property over which neither the company
M/s. ARG Outlier Media Asianet News Pvt. Ltd. nor the Accused
Mr. Arnab Goswami and Ms. Prema Sridevi abovenamed nor
“Republic TV” had even semblance of right to air on 6 May
2017 and 8 May 2017.
The Accused are consequently charged with having committed
offences punishable U/Sec.378 read with Section 379, 403, 405
read with Sections 406, 409, 411, 414, 418 of the Indian Penal25,
26.
Code, read with Section 66-B, 72 & 72-A of the Information
‘Technology Act 2000 read with Scction 34 and Section 120-B of
the Indian Penal Code.
As aforesaid in the foregoing paragraphs the above offences
being cognizable in nature, you are hereby requested and called
upon to record an FIR by registering a case for the aforesaid
offences to facilitate further investigation in the matter.
Needless to say that, since Accused Mr. Arnab Goswami and Ms.
Prema Sridevi have been in employment under the contract of
employment with “Times Now? channel for over a decade the
“Dimes Now” channel rightly and justifiably apprehends that the
said Accused along with others known and unknown as well as
the Promoters and Directors of M/s. ARG Outlier Media Asianet
News Pvt. Ltd. are and continue to remain in dishonest
possession of similarly stolen intellectual property either in the
form of digital or non digital/print information in electronic or
any other form, which they shall over a period of time
dishonestly air on “Republic TV’ in the forthcoming irying to
portray that the said information was their personal possession.
Recovery and/or discovery of such stolen intellectual property is
a must to prove the charges carved out hereinabove against the27.
Accused abovenamed. In the absence of custodial interrogation,
the entire process of investigation is likely to be severely
prejudiced and compromised. To prevent such injury being
caused to the case of the Complainant, it is just, fair and proper
that immediately upon registration of an FIR, and case against
the abovenamed Accused, the police needs to
ing into
immediate action by due process of law taking the Accused into
custody for the purposes of investigation and recovery and
discovery at their instance of the stolen intellectual property
which they continue to retain dishonestly in their possession.
In the circumstances the undersigned Complainant pray that
action be taken on this complaint in terms of the law laid down
by the Hon'ble Supreme Court in the matter of Lalitha Kumari
failing which the same shall be considered as a deliberate breach
of the guidelines of the Hon’ble Supreme Court compelling and
constraining the Complainant to knock the doors of the High
Court and the Supreme Court for reliefs in terms of the
observations made by the Hon’ble Supreme Court in the case of
Lalitha Kumari, while dealing with such breach by the police
department.
Thanking you,Yours faithfully,
For Bennett, Coleman & Co. Ltd. (Television Div)
wos We
Manish Wadkar
Authorised Signatory
Encl. As above.
Copy to :
Commissioner of Police
Mumbai Police Commissionerate
Crawford Market, Mumbai.