Journalist’s phone can’t be seized without following procedure just because it has info about crime: Kerala HC

Thiruvananthapuram: The Kerala High Court has emphasized that the mobile phone of a journalist should not be seized without following the proper legal procedures.

Justice P.V. Kunhikrishnan stated that if it is necessary to seize a journalist’s phone in relation to a criminal case, specific procedures must be followed.

According to reports, a senior journalist named G. Visakhan, working for “Malayalam Daily,” claimed that the police conducted a raid at his house. During the raid, they questioned him about the editor and publisher of the YouTube Channel Marunadan Malayali, Shajan Skaria. The police also seized Visakhan’s phone as potential evidence. Visakhan expressed concern because his phone is his only means of earning a livelihood as a journalist.

The petitioner argued that if the search conducted by the police falls under Section 156 of the Criminal Procedure Code (which grants police officers the power to investigate certain types of cases), it should also comply with Section 41A (which requires a notice to be given to the person involved to appear before the police officer). Therefore, the freedom of the police officer is limited by Section 41A.