Kerala High Court Directs DGP To Consider Mathrubhumi News's Complaint Of Police Harassment; Clarifies That Police Can Probe FIR Against Mathrubhumi Crew

The Kerala High Court on Wednesday directed the Director General of Police & State Police Chief to consider the representations filed by the Malayalam media house, Mathrubhumi Printing and Publishing Company regarding the alleged harassment meted out by the police, and to take appropriate steps in that regard in accordance with law. 

At the same time, the Court clarified that that the police is free to investigate the FIR registered against the crew of Mathrubhumi News.

Justice P.V. Kunhikrishnan passed the order on a plea filed by Mathrubhumi that some of the employees of the Company were being subjected to continuous police harassment.

The police had registered a case against the media company for taking photographs and videos of the accused in Elathur train arson case, Shah Rukh Saifi, while he was being transported from Ratnagiri to Kozhikode. It was alleged that the reporters of the media company had obstructed the police vehicle in which the accused was being transported, in order to capture the latter's photograph, and thereby attempted to defeat the very purpose of Test Identification Parade. 

The petitioners averred that they were continuously being sent notices to produce certain documents in connection with the incident, and were being subjected to harassment. It was submitted that the petitioners had not been arrayed as an accused in the criminal case, due to which they were also unable to approach the High Court invoking its inherent powers under Section 482 Cr.P.C. to quash the proceedings.

Government Pleader Rajeev Jyothish George submitted that the investigation in the case was ongoing, and that the police were empowered under Section 91 Cr.P.C. to issue notice and summons to produce documents in connection with the case. It was argued that the notices were issued only in connection with the registered case and that there was no harassment from the side of the police towards the petitioners. 

The Court thus recorded the submission of the Government Pleader that there is no police harassment from the side of respondents, and that the police was only doing their duty in accordance with the provisions of the Cr.P.C. 

It directed the Director General of Police & State Police Chief to consider the representations by the media house within a period of one month. 

"I make it clear that the police is free to continue with the investigation based on Ext.P4 FIR and take appropriate steps in accordance with law. If any notice is issued by the police authorities in connection with Ext.P4 FIR, the petitioners will co-operate with the police," the Court added. 

The petitioners were represented by Senior Advocate P. Vijaya Bhanu and Advocates Sruthy K.K., P.M. Rafiq, M. Revikrishnan, Ajeesh K. Sasi, Sruthy N. Bhat, Rahul Sunil, and Nikita J. Mendez. 

Case Title: Mathrubhumi Printing & Publishing Co. & Ors. v. Station House Officer & Ors. 

Citation: 2023 LiveLaw (Ker) 323 

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