Kerala HC Criticizes DC Books For Announcing Autobiography Of CPI(M)'s EP Jayarajan Without Consent, Grants Pre-Arrest Bail To Sr Dy Editor
The Kerala High Court on Monday (6th January) expressed strong condemnation against DC Books, Kottayam for issuing a public notice regarding release of CPI(M) Central Committee Member and former LDF Convenor EP Jayarajan's alleged autobiography, without his consent.A PDF version of the book containing remarks against his party was soon 'leaked' on social media, a day before bye-elections in...
The Kerala High Court on Monday (6th January) expressed strong condemnation against DC Books, Kottayam for issuing a public notice regarding release of CPI(M) Central Committee Member and former LDF Convenor EP Jayarajan's alleged autobiography, without his consent.
A PDF version of the book containing remarks against his party was soon 'leaked' on social media, a day before bye-elections in 3 constituencies of Kerala.
Taking exception to the events, Justice P. V. Kunhikrishnan orally remarked,
“Admittedly, you have not obtained permission from the defacto complainant. You created a heading also for the book without the permission of the writer. When exactly was this published? At what time? When a bye-election is ordered. Is it proper?… We learnt Malayalam reading books published by DC Books. Should they do things like this?"
The bench however "reluctantly" granted anticipatory bail to Sreekumar AV, the publication's Senior Deputy Editor, in view of the law laid down by the Supreme Court in Arnesh Kumar v State of Bihar and Another (2014).
The Supreme Court had directed that when the offence alleged is punishable with a term less than seven years, the police shall arrest the person only on satisfaction that the person had committed the offence. The Court noted that for the offences alleged against the petitioner, the maximum punishment is only five years.
During the hearing, Public Prosecutor submitted that media persons also need to be questioned to ascertain complete facts. The Court however said no offence is made out against media for carrying a news based on the notice issued by DC Books.
"I do not think that the media is responsible for this publication, especially because the DC Books itself published a notice in their website stating that the book will be released on a particular date and the said news is carried out by the media. Therefore, there is no offence made out against the media," Court said.
The publication had issued a notice on its Facebook page, informing the public of release of “Kattan Chayayum Parippuvadayum – Oru Communistinte Jeevitham” [Black Tea & Parippuvada - Life Of A Communst]. Jayarajan claims he never entered into any agreement with DC Books for publishing his autobiography and that the title of the book was given without his consent.
Sreekumar was thereafter booked under Section72 of the Information Technology Act, 2000 and Sections 316(2) and 318(2) of the Bharatiya Nyaya Sanhita, 2023.
Seeking anticipatory bail, Sreekumar admitted that there was nothing to show Jayarajan's consent in the controversy. However, he contended that he had merely discharged his duty by placing the material for autobiography received from the Bureau Chief of Deshabhimani Daily, before the Editorial Board. It was the Editorial Board which gave a title to the book.
Sreekumar's counsel argued that the duty entrusted on him was merely to take steps for publication of the book. The Court however observed that this a matter to be investigated and prima facie the offences are made out.
Case No: BA 17 of 2025
Case Title: Sreekumar A. V. v State of Kerala and Another
Citation: 2025 LiveLaw (Ker) 5