“The High Court of Kerala on Monday upheld the police’s failure to seize a reporter’s phone only because they have information about criminality”, Bar and Bench reported. The Chief Justice of the Kerala High Court PV Kunhikrishnan said that, it is necessary to follow the provisions of the Criminal Procedure Code prior to the confiscation of devices.In his judgement, Justice PV Kunhikrishnan made it clear that journalists can get information on variety of crimes and that can’t be sole reason to confiscate their phones.
According to The News Minute, A plea on G Vishakan, the journalist of the Malayalam newspaper has been heard by the court. “An allegation was raised by Vishakan against the police for harassing him over an investigation on Shajan Skaria, the news website editor of Marunadan Malayali”.
He was booked beneath the arrangements of Scheduled Castes and Scheduled Tribes Act for airing news that purportedly maligned MLA PV Sreenijan, Communist Party of India (Marxist).
According to Vishakan, even before charging him in the Skaria case, his phone was seized by the police and there was no incriminating evidence against him. Vishakan had attested at the trial that Skaria was his only link to him and news were shared for remuneration on a regular basis.In addition to this, the journalist was going after a police officer who had searched his house.
On Monday, Justice Kunhikrishnan claimed that journalists are part of ‘the 4th estate’ and if they wanted to make use of their mobile phones concerning their proceedings, it is necessary for them to adhere to the regulations of the Criminal Procedure Code. In this case, “The petitioner and his family members claimed to be subjected to some kind of harassment and which was not allowed to happen”, he said.The judge ordered the policeman by giving the details of what had led them to seize Vishakan’s cell phone and the case is scheduled for trial on 21 July.
Dama Seshadri Naidu, a senior Advocate, had appeared for the hearing in the Kerala High Court. After rejection of bail applications by a lower court and the High Court of Kerala, he had appealed to the Supreme Court. Considering all the other factors, the Supreme Court agreed on Monday to prevent Skaria’s arrest. A notice on Skaria’s appeal was issued to the Kerala State Government and others by a Court of First Instance headed by Justice DY Chandrachud and Judges PS Narasimha. The bench said, ‘the stay of arrest was granted after issuing further orders and the issues referred to by the High Court were left open without taking it into consideration”, the Supreme Court said.
