SHINU SYAMALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in Crime No. 161 of 2020 of Vadanapally Police Station, Thrissur District. The above case is registered alleging offences punishable under Section 505(1) (b) of the Indian Penal Code ( IPC ) and Section 120(0) of the Kerala Police Act.

(2.) Section 505(1)(b) IPC says that, "whoever makes, publishes or circulates any statement, rumour or report with intent to cause, or which is likely to cause fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility. The maximum punishment that can be imposed under Section 505(1) (b) IPC is three years.

(3.) The prosecution case is that, the 1st petitioner is a doctor. The 2nd petitioner is the Managing Director of Flowers T.V. and 24 News Channel. On 9.3.2020 a news was telecasted in the news channel 24x7 in which second accused is an anchor. The show is known as 'Sreekantan Nair Show'. The allegation is that, in the programme, the petitioners tried to publish or circulate rumours or report about the Covid-19 pandemic. On 9.3.2020 at 6 p.m. a patient named Muneer came to Rosh Clinic, Thaikulam with severe fever where the 1st petitioner was working. She informed the matter to the health authorities. The Health Department conducted an enquiry about the patient immediately and realized that the said patient is not affected with the Corono Virus. The health authorities informed the matter to the 1st petitioner. The 1st petitioner hiding the condition of the patient gave false information to create panic among the people and to make a feeling in the people about an alleged failure in public safety. Hence, a complaint was filed by the District Medical Officer to the District Collector, Thrissur on 13.8.2019. The District Collector forwarded the complaint to the Station House Officer, Vadanapally Police Station. Accordingly, the present case is registered. The District Medical Officer stated in his complaint that, for mere publicity, the petitioners insulted him and his department. According to the District Medical Officer, the entire statements in the programme are incorrect and the first partitioner who is a doctor participated in the discussion without any responsibility.