Kerala HC Directs For Release Of Electronic Equipment Of YouTube News Channel 'Marunadan Malayali' Seized In Case Against Editor
The Kerala High Court directed the Police Authorities to release the seized materials and equipment of the Online News Agency 'Marunadan Malayali' seized in connection with a case against its editor.
The Court allowed the Petition and noted that the seizure of the entire equipment of the Agency was not required as the allegations are under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
Justice P.V Kunhikrishnan observed, “I am of the considered opinion that these materials should be released to the petitioner forthwith. As per the instructions, it is submitted that the monitor and cameras are with the Police and that also should be returned forthwith to the petitioner, after executing a bond".
Advocate C.G Preetha appeared for the Petition, and Public Prosecutor Hritcwick C.S appeared for the Respondent.
Per the complaint, the Petitioner’s online news channel 'Marunadan Malayali' telecasted a video containing certain false news and information about the complainant, who belonged to the Scheduled Caste, intending to insult and defame him among the public. The First Respondent registered a criminal case on the complaint of a member of the legislative assembly against the Petitioner and his two employees for offences punishable under Sections 3(1)(r), 3(1)(u) of SC/ST Act along with Section 120(O) of the Kerala Police Act, 2011 (KPA). The Petitioner’s Petitions seeking the release of the articles seized by the police and directions to de-freezing the Company's bank accounts were dismissed. The Petitioner approached the Court by way of a Criminal Petition, challenging the order of dismissal.
The Court noted that the offences alleged in the complaint are regarding the SC/ST Act and the KPA. Therefore, the seizure of the equipment of the news channel was not necessary. The Court held that these materials should be released to the Petitioner forthwith. However, the Court noted that if examining the material is essential, the Police can direct the production of the articles one after the other instead of seizing them entirely.
The Court set aside the impugned order of the Sessions Court and directed the release of the articles after imposing appropriate conditions.
Accordingly, the Court allowed the Petition.
Cause Title: Sojan Scaria v. State of Kerala
