The Kerala High Court has passed an interim order of stay on proceedings against Malayalam newspaper Madhyamam Daily in connection with a notice issued by the police asking for details about a reporter who wrote about an alleged leak of particulars of candidates appearing in a state civil service exam and another notice that sought the production of a mobile phone.

On July 28, 2024, Madhyamam Daily reported that the particulars of Public Service Commission candidates were available on the dark web and showed an image of it in support of the same. The Crime Branch, Thiruvananthapuram registered a case based on a complaint by the Secretary of the Kerala Public Service Commission.

The Court was hearing a Criminal Miscellaneous Application filed by O. Abdurahman, the Editor-in-chief of Madhyamam Daily, to quash the notices issued by the police and stay all further proceedings "in the interest of justice".

Issuing notice, a Single Bench of Justice K.V. Jayakumar said, "There shall be an interim stay of all further proceedings in connection with Annexures B and D notices issued by the 2nd respondent, for a period of two weeks." referring to two notices issued by the Crime Branch to the newspaper; one asking for the particulars of the reporter who authored the news report, and the other asking for the production of a mobile phone.

Advocates K Rakesh and Ameen Hassan K appeared for the Petitioners.

After the registration of the criminal case, the Editor of the paper was issued a notice on December 16, under Section 179 of the Bharatiya Nagarik Suraksha Sanhita stating that investigation in the case is ongoing and that "it appears that you are acquainted with the facts/ circumstance of the above cited case and investigation thereof."

The notice asked Abdurahman to appear before the Crime Branch on December 21, adding that failure to attend "may attract penal proceeding" under Section 208 of the Bharatiya Nyaya Samhita, 2023. He appeared before the Deputy Superintendent of the Crime Branch, as asked.

A second notice was issued to the Chief Editor on December 19 asking for the source of the image published by the paper and the name, address and e-mail address of the reporter who wrote the story. This notice, issued under Section 94 of the BNSS, asked for the information sought to supplied within 48 hours.

In reply to the second notice, the Chief Editor, on December 24, refused to divulge the source of the report. He wrote, "I respectfully submit that this notice directly infringes upon the fundamental rights guaranteed by the Constitution of India. Such actions appear to be an attack on the free press and an attempt to intimidate journalists who uphold the principles of freedom of speech and expression."

He added, "Furthermore, I wish to inform you that, in the interest of journalistic integrity and public welfare, we cannot disclose the source of the news report. This principle is well established and aims to safeguard the independence and safety of journalists."

Abdurahman requested that the proceedings against Madhyamam Daily and the journalists involved be withdrawn, "failing this, I shall be compelled to take appropriate legal action against what I perceive as an abuse of power."

Before the paper replied to the December 19 notice, another notice by the Crime Branch wrote to Deputy Editor Aniru A.L. directing him to produce a mobile phone that the police said was in his possession. "Whereas it has been made to appear to me that the production of documents/articles mentioned below is necessary or desirable for the purpose of the investigation... you are directed to produce the required document/article... within 2 days", the notice said.

Aniru A.L. replied to the notice asking for the production of the mobile phone stating that he had already appeared before the police and that he was "unable to disclose the sources of my news report." while reiterating his readiness to coordinate with the investigation.

He wrote further, "The report in question pertains to serious matters of public importance. It is disheartening to note that, instead or investigating the leakage of personal data of candidates registered on the Public Service Commission's website, the police seem to be focusing on harassing and threatening those who have brought this critical issue to the attention of the government and the public."

Cause Title: O Abdurahman And Anr. v. State of Kerala And Anr. [Crl.MC No. 11077 of 2024]

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Justice K. V. JayakumarKerala High Court

Tushar Kohli