PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) In a democratic country, if there is no freedom of the press, that will be the end of democracy itself. People should be aware of what is true and what is untrue. Then only they can participate in the democratic process of electing a democratic government. Therefore, in a democratic country, the press plays a crucial role. 'The pen is mightier than the sword, because it has the power to change minds and shape the world', is written by the English author and playwright Edward Bulwer-Lytton in 1839 for his play 'Richelieu'. However, while using the pen, the media should exercise extreme caution as even a tiny error in reporting could have an impact on an individual's privacy or the constitutional rights guaranteed to the populace.

(2.) This Criminal Miscellaneous Case is filed by the accused in ST.No.2065 of 2014 on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta, arising from Crime No.1123 of 2013 of Pathanamthitta Police Station. The petitioners are the media persons attached to Reporter T.V. Channel.

(3.) The prosecution case is that the petitioners, who are arrayed as accused Nos. 1 & 2, entered the District Jail, Pathanamthitta, on 16/7/2013 at 4.20 p.m. with permission to visit an under trial prisoner by the name Joppan, who was an accused in Crime No.656 of 2013 of Konni Police Station registered for the offence punishable under Ss. 420 r/w 34 IPC. During that visit, the accused attempted to record the statement of the detenue, Joppan, who is Charge Witness No.2 in the Final Report with their mobile phone device, violating the jail rules. The matter was reported to the Station House Officer, Pathanamthitta by the Superintendent, District Jail, Pathanamthitta as evident by Annexure - II. Consequent to Annexure - II, Crime No.1123 of 2013 was registered by the Pathanamthitta police. After investigation, Final Report was filed against the petitioners alleging offences punishable under Ss. 86 & 87 of the Kerala Prisons and Correctional Services (Management) Act 2010 (for short 'Act 2010'). Aggrieved by the above Final Report, this Criminal Miscellaneous case is filed.