Big win for Asianet News: Kozhikode court says journalists cannot be jailed on criminal offences for reporting
Kozhikode Additional District Sessions Court Judge Priya K said that this kind of thing could not happen in a democratic country where there is freedom of the press.
FollowIn a significant shot in the arm for Asianet News and its commitment towards straight, bold and relentless journalism, the Kozhikode Additional Sessions Court has said that journalists cannot be jailed on criminal offences for reporting the news.
Ruling on the anticipatory bail application of Asianet News employees, Kozhikode Additional District Sessions Court Judge Priya K said that this kind of thing could not happen in a democratic country where there is freedom of the press.
Noting that there are no serious allegations against the Asianet News staff, the judge also observed that if the offence has been committed, it must be proved through a fair trial. The court made very important observations while allowing the anticipatory bail petition.
'There are no allegations of grievous offences, as contemplated under the Protection of Children from Sexual Offences Act against these petitioners. They are the officials of a news channel, and they are apprehending that they will be put in jail for broadcasting a news item. In a democratic country like India, which gives liberty to the fourth estate, which is press and media, media personnel cannot be put in jail alleging criminal offences. lf at all any offence is committed by them, it can only be decided after a fair trial,' the order read.
The court granted anticipatory bail to four Asianet News journalists, including Sindhu Suryakumar, Shahjahan, Nafal Bin Yousaf and Neeli R Nair. Advocate PV Hari appeared for the employees of Asianet News.
'lf the Investigating Officer requires the presence of the petitioners for the purpose of investigation, a condition can be imposed for assuring the presence of the petitioners before the Investigating Officer. Considering all these aspects and also taking into account the nature of the allegation, the severity of punishment, the mode of registering the crime, the remote chance of the petitioners interfering with the investigation, influencing the witnesses, and also fleeing from justice, pre-arrest bail can be granted to the petitioners,' the order further read.
The Asianet News journalists had applied for anticipatory bail after the Kerala Police registered a case based on a complaint filed by MLA PV Anwar against a segment of the series titled 'Narcotics is Dity Business' broadcast by Asianet News. Based on the FIR, which claimed that the news segment was fabricated, the police had carried out raids at the Asianet News Kozhikode office and imposed non-bailable sections.
Prior to the police action, members of the Communist Party of India (Marxist)-backed Students Federation of India had forced their way into the Asianet News Kochi office and abused and threatened the journalists there.
The Kerala Police action against Asianet News had drawn strong condemnation from journalist bodies and Opposition leaders in the state.
