Police can't seize a journalist's phone without due process: HC

KOCHI: The Kerala high court on Monday said police cannot seize the phone of a journalist in connection with a case without following the procedure laid down by law. Justice P V Kunhikrishnan said journalists were "part of the fourth estate" and provisions of the Criminal Procedure Code (CrPC) have to be followed before seizing their mobile phone.

The court order came on a plea moved by G Vishakan, a journalist of a Malayalam daily, alleging police harassment in connection with a case under the SC/ST (Prevention of Atrocities) Act against Shajan Skaria, editor of YouTube 'news' channel 'Marunadan Malayali'.

The journalist's plea said police had raided his home on July 3 and asked about Skaria. They later called him to the police station and seized his phone. He had sought a court directive for the return of his phone 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 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 it. Journalists are part of the fourth estate." The court directed police to file a statement indicating the circumstances under which the phone was seized and listed the matter for further hearing on July 21.

Not an accused in the case, petitioner told court
It said a journalist could be getting all kinds of information on their mobile phones and simply because they got some information about a crime does not permit seizure of the device without following the procedure laid down in the CrPC. “There is an allegation in this case to the effect that the petitioner and even his family members were harassed. That can't be allowed," it said.

Vishakan had contended that the search at his home was unauthorised as no prior notice was served upon him, nor did the officers have a warrant. He also claimed that he was not an accused in the case under the SC/ ST Act and there was no incriminating evidence against him. His only connection with Skaria was the occasional sharing of news for remuneration, he said.

Police had taken action against the YouTube 'news' channel as part of efforts to trace Skaria, against whom acase was filed under the SC/ST (Prevention of Atrocities) Act by CPM MLA P V Sreenijin, who represents Kunnathunad constituency. The MLA had lodged a police complaint that the online 'media' channel deliberately defamed him by spreading fake news. A special court had dismissed Skaria's anticipatory bail plea in the case and later the high court upheld it.