Writ petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(C) the High Court be pleased to issue an Interim Direction to the respondents 4 and 7 to hand over the Mobile Phone bearing SIM No. 8075608214 and 9995423950, covered by Exhibit P-1 (as it is the source of livelihood of the petitioner) to the petitioner forthwith, pending disposal of the Writ Petition, so as to secure the ends of justice.
The Order of the Court was delivered by
P.V. Kunhikrishnan, J.:— The petitioner is a Journalist. The grievance of the petitioner is that his mobile phone is seized by the police without implicating him in any crime and he is not a witness also in any criminal case. 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. The Journalists are part of fourth state. The Journalist may be getting several information in their mobile phones. But which news is to be telecasted and published is to be decided by Journalist taking into consideration the information received. Telecasting every information even if it is hearsay is not journalism. Simply because, the Journalist has got some information about the crime, the mobile phone cannot be seized, without following the procedure contemplated in Cr. P.C. There is allegation in this case to the effect that the petitioner and even his family members are harassed. That can't be allowed.
2. The 7 respondent will file a statement, the circumstances under which the mobile phone of the petitioner is seized.
3. Post on 21.07.2023.