mobile phone of the journalist shall not be seized by the police authorities in violation of the provisions of Code of Criminal Procedure.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN Monday, the 10th day of July 2023 / 19th Ashadha, 1945 WP(C) NO. 22328 OF 2023

P.V.KUNHIKRISHNAN, J. =================== WP(C) No. 22328 OF 2023 =================== Dated this the 10th day of July 2023

O R D E R T

he 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.