Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants

The Kerala High Court on Tuesday (December 31) stayed further proceedings in connection to notices issued by the police's Crime Branch to Malayalam language newspaper Madhyamam Daily asking it to reveal how it accessed a note by the Kerala Public Service Commission (KPSC) which is stated to have said that the name and password of several PSC applicants were available on the dark web.Madhyamam had reported on the issue on July 28 with the image of the note. The Crime Branch Central Unit – I Deputy Superintendent had claimed in the notice sent to the Chief Editor that the said PSC note was extremely confidential. The petitioners–Chief Editor and Senior Sub-editor of the newspaper, had replied to these notices saying that they cannot disclose their source. They approached the High Court to quash the notice issued by the Crime Branch. The petitioner mentioned that they are under constant threat and harassment and they are apprehending that they will be booked as accused for not complying with the notice. The petitioners had also moved an application praying that Court may be pleased to stay all further proceedings in connection with the notices issued by the police's crime branch.Justice K. V. Jayakumar while issuing notice on the plea said, "There shall be an interim stay of all further proceedings in connection with Annexures B and D notices issued by the 2nd respondent, for a period of two weeks". The Public Prosecutor took notice for the respondents and sought time for getting instructions.The matter is next posted to January 16. The petitioner had claimed that the Deputy Superintendent in successive notices had asked the Chief editor to give the details on how they accessed the PSC note, the name, address, official address and email ids of the journalist who prepared the report and to produce a phone in the possession of the Senior Sub Editor. It is mentioned that if the phone is not handed over, they will initiate action for the offence under Section 210 (Omission to produce document or electronic record to public servant by person legally bound to produce it) of BNSThe petitioners urged in their petition that journalists are not bound to disclose their sources“In so far as a journalist is concerned, he is not bound to disclose his source of information which is collected as part of his profession and that the compulsion to disclose the source, is indirectly impeding a journalist from carrying out his profession.”They argued that the crime branch, instead of investigating into the leakage of PSC data was showing enthusiasm in investigating the source of the news. The petition is moved by Advocates K. Rakesh, Ameen Hassan K.Case Title: O. Abdurahman v State of Kerala and AnotherCase No: Crl.MC 11077 of 2024Click Here To Read/Download Order

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants

Manju Elsa Isac

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