Kerala HC Quashes Criminal Case Against Mathrubhumi TV Employees For Conducting Sting Operation; Says No Malafide Intention

Background of the Case

The reporter conducted a sting operation against A. G. Korah, Senior Geologist in the Department of Mining and Geology. Jaison, a reporter of the News channel approached Korah posing as a miner in the pretext of obtaining a mining pass from him. Jaison submitted that Korah demanded a bribe of Rs. 20,000 to issue the mining pass. They further submitted that the scene where Korah was accepting this bribe was recorded and telecasted over the news channel.

Korah alleged offences of criminal defamation (Sections 501, 502 of Indian Penal Code) and criminal conspiracy (Section 120 B of IPC) against Mathrubhumi TV News Reporter Jaison, Cameraman Mangosh, News Reader Smruthi Paruthikadan, Printer and Publisher of Mathrabhumi Press V. Bhaskara Menon, Editor Kesava Menon, Editor Unni Balakrishnan and CEO of the press Mohan Nair.

The accused persons approached the High Court in the instant case to quash the criminal proceedings against them. They submitted that even if the entire allegations against them are true, no offence is alleged as they were doing only a sting operation with bonafides.

A case was filed before the Vigilance and Anti-Corruption Bureau against Korah based on the TV news report. After investigation, the final report said that there is no proof to prosecute against Korah for demanding the bribe or having disproportionate assets.

The report said that even if the money was placed in the suitcase, the investigation could not prove that the money was placed in the suitcase to get the licenses. The report said that the news reporter informed the officers that camera and memory card used to record the operation was damaged could not produce it. The report added that there was no proof to show that the bribe was demanded except the claim of the reporter.

In the matter of acquiring disproportionate asset, the report said that the Vigilance cell surveyed Mr. Korah for some time and they could not adduce any disproportionate asset from him during that period.

Mr. Korah submitted before the Court that this final report was accepted by the Enquiry Commissioner and Special Judge of Thrissur. He argued that he is justified in prosecuting the petitioner. He also added that many of the submissions made by the petitioner is matter of evidence and the Court should not interfere at this stage.

Findings of the Court

Justice P. V. Kunhikrishnan said that further proceedings in the case against the reporters can be quashed as Korah has no case that there was any personal malice or personal prejudice. The report tried to only vindicate the information received against Korah.

“There is no case to the 1^st respondent that there is any personal malice or personal prejudice to the petitioners towards the 1^st respondent. Their intention is only to vindicate an information received through a sting operation.”

The Court relied on Pradeep.v State of Kerala (2024) where it was held that if there is no malafides behind the sting operation and there is no intention to target anybody, the Press persons cannot be prosecuted for sting operation.

Accordingly, Court allowed the case.

Counsel for the Petitioners: Adv. C. P. Udayabhanu

Counsel for the Respondents: Advocates Renjith T. R., C. S. Manu

Case No: Crl.M.C. 7031 of 2015

Case Title: Jaison and Others v A. G. Korah and Another

Citation: 2024 LiveLaw (Ker) 571