While opposing the bail application of Partho Dasgupta, former CEO of Broadcast Audience Research Council (BARC) who is one of the 16 accused named in the television rating points (TRP) manipulation case, the state informed the Bombay high court (HC) that Dasgupta had rigged TV ratings since 2017 in connivance with the anchor of a news channel and had also silenced an employee who had raised objections to the sudden spike in the ratings of an English news channel.

The single bench of justice PD Naik, while hearing the bail application of Dasgupta who is lodged in Taloja jail, was informed by senior counsel Aabad Ponda and advocate Shardul Singh that the police had violated the fundamental rights of Dasgupta by keeping him behind bars even after they filed a charge sheet on January 11. Ponda submitted that as per the charge-sheet, while the role of the other accused in the TRP manipulation case was more serious, they were all out on bail or pre-arrest bail except Dasgupta.
Ponda further submitted that the charge-sheet itself admitted a more severe role of another co-accused, Romal Ramgirha, the COO of BARC, but he was granted bail within six days of his arrest. Further, Dasgupta also submitted that as the trial was not going to start soon, keeping him behind bars would affect his health as he suffered from various ailments including spinal problems.
Ponda added that the WhatsApp chats with Republic TV editor-in-chief Arnab Goswami that the charge-sheet referred to were loose talks and hence could not be grounds to keep Dasgupta behind bars. He further said that the chats were from the time when Republic TV had not even started. Thus, in light of the facts, he should be granted bail.
{{/usCountry}}Ponda added that the WhatsApp chats with Republic TV editor-in-chief Arnab Goswami that the charge-sheet referred to were loose talks and hence could not be grounds to keep Dasgupta behind bars. He further said that the chats were from the time when Republic TV had not even started. Thus, in light of the facts, he should be granted bail.
{{/usCountry}}Ponda also refuted the allegations made in the charge-sheet of Dasgupta receiving silver ornaments and expensive watches from Goswami for manipulating the TRP and said that there were invoices which proved that Dasgupta had purchased them from various places and had the income tax returns to prove the same.
Special public prosecutor Shishir Hiray for the state, however, opposed the application and submitted that though Dasgupta was the CEO and Ramgarhia was in charge of finances, it was Dasgupta who manipulated the ratings. Hiray submitted a statement recorded by the police after the charge-sheet was filed wherein an employee of BARC who was forced to manipulate the ratings said that when she informed Dasgupta and Ramgarhia of the sudden spike in TV ratings she was threatened to comply or face transfer to another department.
Hiray further added that though BARC was a unique company and was given the task of providing for TV channels across the country, Dasgupta had misused his powers and position to benefit certain channels.
Pointing to the investigation initiated by Mumbai Police, Hiray submitted that BARC had initiated a forensic audit in February 2020 wherein it had come to light that in 2017, the ratings of certain TV channels had shown a sudden spike. Hiray submitted that the statement of the employee corroborated the role of Dasgupta in manipulating the ratings.
Hiray then informed the court that the state was in the process of challenging the bail of some of the accused including Ramgarhia and the same would be filed soon.
He added that the WhatsApp chats regarding the security of the nation between Dasgupta and Goswami were part of the charge-sheet but were not part of the current investigation.
Hiray will continue arguments opposing the bail application on Tuesday.
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