Fake TRP: Maharashtra govt wants to withdraw case; court to decide on plea next month

The application made through special public prosecutor Shishir Hiray on November 20 was under section 321 of the Criminal Procedure Code, which enables the prosecutor to withdraw the prosecution of any person in respect of any offence filed against him. The consent of the court is necessary as per provisions of the section.

As per officials, the decision was taken by the state Home department on grounds including contradictions in the probe by the Mumbai police which conducted the initial investigation. The probe was begun in the case in 2020 by the Crime Intelligence Unit (CIU) headed by then assistant inspector Sachin Waze when Maha Vikas Aghadi was in power. It was claimed that ratings of TV channels were manipulated through illegal payments made to household panels where TRP was measured.

The police had also claimed fudging of TRP reports of Broadcast Audience Research Council (BARC), the industry body that measures ratings. The state government’s relook into the case led to the finding that the complaint was filed by the Mumbai police, when the Telecom Regulatory Authority of India (TRAI) should have been the complainant in case of a violation. It was also found that the alleged violations could not have amounted to a criminal offence as it was in the nature of a complaint under TRAI Act or other acts related to regulation of cable television networks like the Cable Television Networks (Regulation) Act.

The government examined allegations against the officials that the probe was initially motivated. Officials said statements of witnesses recorded by Mumbai police and the Enforcement Directorate (ED) were compared, as the two entities had filed a separate case to probe money-laundering, based on the police case. Officials said the statements were contradictory, and statements recorded by ED show that witnesses did not support the Mumbai police case.

If the withdrawal is allowed, it is also bound to impact the separate offence filed by the ED, as the agency’s prosecution relies on a scheduled offence which is the Mumbai police case. Trial has not begun, in either the Mumbai police or the ED case so far, with discharge applications of the accused currently pending. In September 2022, the ED had filed a chargesheet in the case against 16, all linked to three movie channels and former relationship managers of Hansa Research Group Private Ltd, which measured TRP on behalf of BARC. The ED had then said that no evidence was found against Republic TV.

During the hearing last week in the magistrate court, the court sought to know reasons for the withdrawal from the prosecutor and the provisions in law for it. While the accused, too, sought to make submissions, the court said it has to hear the prosecutor as per the section and decide on the plea.