Kerala High Court directs DGP to consider Mathrubhumi News' complaint of police harassment

The Kerala High Court has directed the State's Director General of Police (DGP) to consider a complaint by prominent malayalam news outlet, Mathrubhumi alleging police harassment of the channel's employees [The Mathrubhumi Printing & Publishing Company Ltd & Ors. v The Station House Officer & Ors.]..A criminal case had been registered by the Kerala police earlier this year against members of the channel's television crew, for allegedly obstructing a police vehicle and taking photographs of an accused in a train arson case. However, the probe in this case led to the harassment of channel employees, claimed the petitioners before the High Court. .Justice PV Kunhikrishnan on Wednesday took on record an assurance made on behalf of the Kerala police that the channel's employees were not being harassed. .“When the Government Pleader submit before this Court on behalf of the respondents that, there is absolutely no harassment from the side of the police towards the petitioners, I think no further order is necessary," he opined..However, the Court ordered the DGP to consider the representations made by Mathrubhumi concerning the alleged police harassment and to take appropriate steps in accordance with the law within a month's time, after hearing the media channel's representatives. .Pertinently, the Court clarified that the police are free to continue with the investigation in the first information report (FIR) filed against the channel's TV crew. If any notice is issued by the police authorities in connection with FIR, the petitioners will have to cooperate with the police, the Court said..The petitioners before the Court included Mathrubhumi's executive editor, unit manager, cameraman, and reporter, as well as a driver that the channel hired on a contract basis..The FIR central to the controversy alleges that on April 5, when the suspect in the Kozhikode train arson case was brought to Kozhikode from Ratnagiri, Maharashtra (from where he was arrested), the channel's crew obstructed a police vehicle to take photographs of the suspect. As a result, the purpose of a Test Identification Parade was defeated, the police stated..The petitioners claimed that after the FIR was registered, they were sent notice after notice by the police, without even being given sufficient time to respond. “The manner in which the State Police is conducting the investigation has brought to light the knavish nature of the State Police to indulge in violation of privacy, and scant respect for press freedom," the petitioners had contended in their petition..The Government Pleader countered that the police investigation was being conducted in line with the law and that there was no harassment from the side of the police towards the petitioners..Having recorded this assurance, the Court disposed of the channel's writ petition, after issuing directions so that the State's police chief would consider the channel's complaint in a time-bound manner. .The petitioners were represented by Senior Advocate P Vijaya Bhanu and advocates Sruthy KK, PM Rafiq, M Revikrishnan, Sruthy N Bhat, Ajeesh K Sasi, Nikita J Mendez, and Rahul Sunil.The respondents were represented by the Government Pleader, Jyothish George..[Read Judgment]