Kerala HC Expresses Concerns About Police Officers Conducting Press Meetings About Ongoing Investigations [Read Judgment]

The Kerala High Court has expressed its concerns about the police officers conducting press meetings in respect of criminal investigations in 'sensational cases'.

The bench comprising Justices A. Hariprasad and N. Anil Kumar observed that the police officers are not expected to reveal before media the facts ascertained in the course of investigation by questioning material witnesses or confession made by the accused.

While disposing appeals filed by the accused in Hariharavarma murder case, the bench noted that there was a press meeting conducted by police officers after arresting some of the accused. The defence case was that the print and electronic media published news items with ornamentations and embellishments to the accused's prejudice. (The case pertains to murder of Harihara Varma who claimed to be a member of a royal family. He was engaged in the sale of diamonds and precious stones.). The Court said:

We have serious reservations about police officers conducting press meetings in respect of criminal investigations, which they and media consider to be sensational. In our view, on many occasions holding press meetings would spoil the quality of evidence collected during the investigation. It is our considered opinion, no police officer conducting investigation into a crime shall be authorised to divulge the facts ascertained during investigation through media. They should remember that a criminal case has to be finally decided in a court of law. Police officers should refrain from airing their personal views in respect of a case under investigation. They are not expected to reveal before media the facts ascertained in the course of investigation by questioning material witnesses or confession made by the accused. It is a common knowledge that recently the practise of police officers rushing to media with speculative information about on going investigations is on the increase."

The court noted that Section 31(3) of the Kerala Police Act, 2011 specifically says that no person in custody shall be paraded or allowed to be photographed and no press conference shall be conducted without permission of the State Police Chief for the purpose of publishing the same in newspaper or in any visual media. "State Police Chief certainly cannot grant such a  permission mechanically and for a mere asking. He is bound to exercise his discretion judiciously before granting permission.", the court said.

The bench also referred to various circulars which depreciate divulging of details of an on going investigation and intelligent inputs through media. The court noted that the latest circular in this regard states that no officer other than a designated officer shall have the authority to speak about cases under investigation and If any police officer of any rank is invited or wishes to participate in a show or discussion or programme on any media platform, he should get permission of the State Police Chief by routing a request through proper channel. Now a days all directives in these circulars are often flouted with impunity, the bench said.

The court however held that in the present case, no prejudice or disadvantage was caused to the accused by holding a press meeting. The court found that the material witnesses examined on the prosecution side clearly identified the accused not based on any media publicity. 

The court upheld the conviction of  four out of five accused for murder by the Trial Court. The sentence of life imprisonment has also been confirmed. The appeal filed by one of the accused was allowed and he has been acquitted.One of the accused was acquitted by the Trial Court and the appeal filed against it was also dismissed.

Case no.: CRL.A.No.567 OF 2014
Case name: Jitesh vs. State of Kerala

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