Asianet Journalist Moves Kerala High Court Against FIR For Alleged Conspiracy To Defame SFI Leader

Chief Reporter of Asianet News Channel Akhila Nandakumar has moved the Kerala High Court for quashing the FIR registered against her for allegedly conspiring to defame CPI(M)'s student wing leader PM Arsho in connection with the Maharaja’s College examination controversy.

Single Judge Bench of Justice K. Babu was informed by the Prosecution today that no coercive steps shall be taken against Nandakumar in the matter until the next date of posting.

PM Arsho is a postgraduate Archaeology student at Maharajas College and the State General Secretary of Students Federation of India. He alleged that even though he did not appear for the 3rd semester exam, the college authorities wrongly passed him and the journalist, allegedly acting in conspiracy with the college principal and department co-ordinator, spread this news to defame him.

A case is thus registered against Nandakumar and four others under Sections 120B (Punishment for criminal conspiracy), 465 (Punishment for Forgery), 469 (Forgery for purpose of harming reputation), and 500 (Punishment for Defamation) of the IPC.

Nandakumar has averred that she visited the college to report about the alleged forgery of experience certificate by a former SFI activist in order to secure a teaching job. It is during this interview that one Fazil, President of the Kerala Students Union (KSU) made an allegation that Arsho was passed in the exam even when he did not appear for it.

In her plea, Nandakumar claims she had not said anything against Arsho during the live-telecast, save for a remark that a political allegation is made against him. She also submitted that other print and visual media had also reported about the incident and even attributed Arsho as being a beneficiary of the exam fraud. However, Arsho chose to implicate her alone.

The college principal claimed that discrepancy in result was due to an error on part of the National Informatics Centre (NIC). Nandakumar has thus submitted that she has no control over the controversy and that the Additional Director General of Police showed undue haste in issuing an order directing registration of FIR against her.

"It is very evident that the petitioner has been falsely implicated in the case so as to harass her due to previous vengeance towards Asianet News channel. Ever so many criminal cases have been foisted against various news reporters of Asianet news channel within a short span of one year. In such a circumstance, criminal investigation initiated against the petitioner in the above case would be nothing but an abuse of process of law, and hence the entire proceedings as against the petitioner...are liable to be quashed in order to secure the ends of justice, or else the petitioner will have to suffer great loss and prejudice," the plea further states. 

The matter has been posted for further consideration on June 27, 2023 (Tuesday). 

The present plea has been moved through Advocates Asaf Ali T., V.V. Nandagopal Nambiar, and Laliza T.Y. 

Case Title: Akhila Nandakumar v. State of Kerala & Ors.