CLAT (Common Law Admission Test) 2020 MCQs Questions Paper Part 18

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Direction: Study the following information and answer the questions that follow:

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 safely 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 91

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?

A. The CBI is a central investigating agency and conducts more scientific investigation.

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

C. The FIRs relate to an offence of defamation of the President of a national party, so the matter should be investigated by the CBI.

D. None of the above.

Question 92

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.

A. The term questions mentioned are not subject to limitations imposed upon the Freedom of Speech and Expression.

B. Those question is limited to the information warranted by the person.

C. The court is referring to the right to information through the above quote.

D. The questions are also subject to limitations imposed upon the Freedom of Speech and Expression.

Question 93

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?

A. An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire.

B. A question to a female actress about her sexual relationship with a married man.

C. A question to a public servant about his extramarital relationship with a colleague.

D. An Article published in a magazine stating a female politician as B grade actress.

Question 94

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?

A. Multiple FIRs mean multiple investigations and the same might cause hardships to the accused.

B. The first FIR was registered at Mumbai and the investigation should be conducted at Mumbai.

C. The accused resides at Mumbai and the investigation should be conducted only at Mumbai.

D. Multiple FIRs are frivolous and there is only one cause of action.

Question 95

Defamation is punishable:

A. Both as a Civil wrong as well as a Crime.

B. Only as a Civil wrong.

C. Only as a Criminal wrong.

D. None of the above.