Kerala High Court: In a petition by a journalist seeking interim directions to the State to hand over his mobile phone seized by the police, P.V. Kunhikrishnan, J. directed the Station House Officer to file a statement with circumstances under which the journalist’s mobile phone was seized while hinting towards the procedures to be followed before seizing specific items in case mobile phones were necessary for the authorities in connection with a criminal case.
The petitioner was a Senior Reporter for “Mangalam Daily”, “Ujjaini” whose mobile was allegedly seized by the police without being implicated in any crime or being a witness in any criminal case.
The Court opined and expressed that the police authorities shall not seize the mobile phone of journalist while violating the provisions of Criminal Procedure Code, 1973 (‘CrPC’). The Court explained that there were procedures to be followed before seizing specific items in case mobile phones were needed in connection with a criminal case.
The Court said that “journalists are part of the fourth estate. 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.” The Court acknowledged that telecasting all the information regardless of whether it was hearsay is not journalism. Hence, just because the journalist possessed some information about the crime does not mean that his/her mobile phone could be seized without adhering to the procedure contemplated in CrPC.
The Court highlighted the allegations of the journalist and even his family members being harassed in the instant case and ordered that it could not be allowed. The Court further directed the Station House Officer to file a statement with circumstances under which the journalist’s mobile phone was seized.
[G. Vishakan v. State of Kerala, 2023 SCC OnLine Ker 5188, Order dated 10-07-2023]
Advocates who appeared in this case :
For Petitioner: Advocate B. Jayasurya and Mini V.A.
Buy Code of Criminal Procedure, 1973 HERE
