The Kerala High Court has said that the police cannot seize the mobile phone of a journalist without following the due procedure, under the Criminal Procedure Code as media is the fourth pillar of the state. On Monday, the high court pulled up the state police for seizing the mobile phone of a Malayalam daily journalist, G Vishakan, in the name of a probe against Shajan Skaria, the editor of online news portal Marunadan Malayali.
Acting on a writ petition by Vishakan, Justice PV Kunhikrishnan said, “Simply because, the journalist has got some information about the crime, the mobile phone cannot be seized, without following the procedure contemplated in CrPC.”
In the writ petition, Vishakan questioned the decision by the Kerala police to seize his mobile phone which is a source of his livelihood.
“The grievance of the petitioner is that his mobile phone is seized by the police without implicating him in any crime and he is not a witness also in any criminal case,” the court noted.
Passing the order, the judge said, “I am of the considered opinion that, the mobile phone of the journalist shall not be seized by the police authorities in violation of the provisions of Code of Criminal Procedure. If the mobile phone is necessary, in connection with a criminal case, there are procedures to be followed before seizing those items.”
“The journalists are part of fourth state. The journalist may be getting several information in their mobile phones. But which news is to be telecasted and published is to be decided by journalist taking into consideration the information received. Telecasting every information even if it is hearsay is not journalism,” the HC added.
The court asked the police to file a statement detailing the circumstances which led to the seizure of the mobile of the petitioner.
“There is allegation in this case to the effect that the petitioner and even his family members are harassed. That can’t be allowed,” the bench said.
The court put the writ petition for further hearing on July 21.
The Kerala police have recently come under fire from various quarters for seizing computers and other gadgets from the office of Marunadan Malayali besides carrying out raids at the houses of its staff as part of the search for Skaria.
CPI(M) MLA PV Sreenijan lodged a case under the SC/ST (Prevention of Atrocities) Act against Skaria for allegedly broadcasting defamatory news against him.
On Monday, a Supreme Court bench led by Chief Justice of India DY Chandrachud granted interim protection from arrest to Skaria on an appeal by him against the HC order rejecting his anticipatory bail plea.
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