The Kerala High Court on Wednesday criticised the state police for registering a case with non-bailable charges against Mathrubhumi News for taking visuals of train arson case accused Shahrukh Saifi.
The court said that journalists take visuals of accused persons in criminal cases because it is their job. How the police could slap a non-bailable charge on the grounds of obstruction of official duty for taking a picture of an accused, court asked.
If the accused must be presented for an identification parade, his face should have been covered by the police, the HC observed.
Justice P V Kunhikrishnan directed the state police chief to take a decision on the complaints filed by Mathrubhumi against harassment after hearing the part of the organisation. He added that Mathrubhumi representatives should not be bothered unnecessarily over the case. It also directed Mathrubhumi to cooperate with the police.
Chevayur police had filed a case against Mathrubhumi News for capturing the visuals of Saifi, accused in the Elathur train arson case, while bringing him to Kerala after the arrest.
Senior high court advocate P Vijayabhanu appeared for Mathrubhumi.
The court had earlier criticised the seizure of journalists’ mobile phones, in another case, saying that it is against the concept of the fourth estate. The HC on Monday said that the phone of a journalist cannot be seized by police in connection with a case, without following the procedure laid down by law.
Justice P V Kunhikrishnan said that journalists are “part of the fourth estate” and if their mobile phone is necessary in connection with a case, then the provisions of the Criminal Procedure Code (CrPC) have to be followed before seizing it.
