PNS|Kochi
The Kerala High Court on Monday said that the phone of a journalist cannot be seized by the 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.
The court’s order came on a plea moved by G Vishakan, a journalist of a Malayalam daily, alleging harassment by the police in connection with a case under the SC/ST (Prevention of Atrocities) Act against Shajan Skaria, editor of YouTube ‘news’ channel Marunadan Malayali.
Skaria, meanwhile, was granted interim protection from arrest in the case by the Supreme Court earlier in the day.
He was denied this relief by a special court in Kerala and the high court here.
The journalist, in the plea moved through advocate Jayasurya Bharathan, claimed that police officials raided his home on July 3, conducted a search and asked about Skaria.
After that they called him to the police station where they seized his phone.
Vishakan has urged the court to issue an interim direction for return of his mobile as it was the sole source of his livelihood.
Justice Kunhikrishnan, after hearing both sides, 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. Journalists are part of the fourth estate.”
