The Kerala High Court on Monday said that the police cannot seize a journalist’s phone merely because it has information about a crime, Bar and Bench reported.
Justice PV Kunhikrishnan said that journalists receive information about various crimes but that alone cannot be a reason to seize their phones.
The court was hearing a plea filed by G Vishakan, a journalist working for a Malayalam newspaper. Vishakan alleged that the police had harassed him in connection with a case against Shajan Skaria, who is the editor of a news website called Marunadan Malayali, according to The News Minute.
Skaria was booked under provisions of the Scheduled Castes and Scheduled Tribes Act for airing news that allegedly defamed Communist Party of India (Marxist) MLA PV Sreenijan.
Vishakan told the court that his phone was seized by the police even when he was not an accused in the case involving Skaria and that there was no incriminating evidence against him. Vishakan had told the court that his only connection with Skaria was the occasional sharing of news for remuneration.
The journalist also sought action against the police officer who had carried out searches at his home.
During the hearing on Monday, Justice Kunhikrishnan said that journalists are part of “the fourth estate” and if their mobile phone is required in connection with a case then the provisions of the Criminal Procedure Code have to be followed, reported PTI.
“There is an allegation in this case to the effect that the petitioner and even his family members are harassed,” he said. “That can’t be allowed.”
The judge directed the police to file a statement to indicate the circumstances under which the mobile phone of Vishakan was seized. The case will be heard on July 21.
In a separate development, the Supreme Court on Monday granted protection from arrest to Skaria.
He had approached the Supreme Court after his anticipatory bail pleas were dismissed by a lower court and the Kerala High Court, according to PTI.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha issued a notice to the Kerala government and others on the appeal filed by Skaria. “Pending further orders, there shall be a stay of arrest,” the bench said.
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