Kerala High Court quashes criminal case against Mathrubhumi TV journalists over sting operation

The Kerala High Court recently quashed criminal proceedings initiated against journalists of Mathrubhumi TV for a sting operation that aired allegations of bribery against AG Korah, a senior geologist who was working in the Department of Mining and Geology [Jaison & ors v AG Korah & anr]..Justice PV Kunhikrishnan relied on the High Court's earlier decision in Pradeep v State of Kerala to observe that in the absence of any intent to cause harm, the freedom of the press in carrying out investigative journalism must be protected."This Court observed that, if there is no malafides behind the sting operation and there is no intention to target anybody, the Press persons cannot be prosecuted for sting operation," the Court said..In the present case, the Court found that there was no malafide intention behind the sting operation by Mathrabhumi TV and emphasised that Korah had failed to demonstrate any personal animosity on the part of the journalists."The petitioners (journalists) only tried to vindicate the information received by them through a sting operation. There is no case to the 1st respondent (Korah) that there is any personal malice or personal prejudice to the petitioners towards the 1st respondent. Their intention is only to vindicate an information received through a sting operation. Taking into consideration the entire facts and circumstances of the case, I am of the considered opinion that the proceedings against the petitioners can be quashed," the Court said..AG Korah had accused Mathrubhumi TV’s reporter, Jaison, cameraman Mangosh, newsreader Smruthi Paruthikadan, and senior employees of Mathrubhumi of defaming him by airing allegations of bribery on a news progamme. The charges cited against Mathrabhumi and its employees were criminal defamation under Sections 501 and 502 of the Indian Penal Code (IPC) and criminal conspiracy under Section 120B of the IPC. A sting operation had been conducted by the news channel, wherein Jaison posed as a miner seeking a pass for mining. Korah allegedly demanded a bribe of ₹20,000, which was recorded and aired by Mathrubhumi TV.However, the Vigilance and Anti-Corruption Bureau did not find sufficient proof to prosecute Korah, according to its final report. The investigation revealed that although the sting operation footage showed an alleged bribe being placed in a suitcase, there was no conclusive evidence that the money was connected to the issuance of the mining license.Additionally, the news channel could not produce the original camera or memory card used in the operation as the camera and memory card were damaged, further weakening the case. Even the investigation into Korah’s assets did not show any evidence of him being involved in any kind of bribery..In their plea to quash the defamation case, Mathrabhumi's employees (petitioners) contended that the sting operation was conducted in good faith, without any personal bias against Korah, and that their actions were intended to expose corruption rather than defame Korah.Korah countered that the Vigilance report had been accepted by the Enquiry Commissioner and a Special Judge at Thrissur. He contended that the criminal proceedings against the petitioners should not be quashed and that the matter should be properly examined by a trial..However, since there was nothing to indicate any personal malice in the sting operation, the Court quashed the criminal proceedings against the Mathrubhumi TV employees and allowed their petition..The petitioners were represented by Advocate CP Udayabhanu.Senior Public Prosecutor Renjith TR appeared for the State. Advocate CS Manu appeared on behalf of AG Korah..[Read Order]