IMPORTANT POINT
The freedom of the press allows for investigative journalism, including sting operations, but such actions must be conducted with caution and intent to serve the public interest, without malice or intent to violate the law.

ORDER :

(P.V. Kunhikrishnan, J.)

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 16.07.2013 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 Sections 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 Sections 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.

4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

5. It is an admitted fact that the petitioners were trying a ‘sting operation’ to get the statement of an accused in a sensational case at that time, which is popularly known as the ‘solar scam case’. There are two questions to be decided in this case. The first is whether any offence is made out and the second is whether the ‘sting operation’ conducted by the press people in this case amounts to an offence.

6. The first point to be decided is whether the offence under Sections 86 and 87 of Act 2010 is attracted in the facts and circumstances of this case. It will be better to extract Sections 86 and 87 of Act 2010:

“86. Punishment in certain cases.—(1) Whoever, in contravention of any provisions of the Act, brings or removes or attempts by any means whatever to bring or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited article, and any officer or member of staff of a prison who, contrary to any rule, knowingly suffers any such article to be brought into or removed from any prison, to be possessed by any prisoner, or to be supplied to any prisoner outside the limits of a prison, and whoever, contrary to any rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding twelve months, or to fine not exceeding ten thousand rupees or with both.

(2) Whoever, being a prisoner or a visitor, or a prison official, is found in possession of an electronic communication or other equipment inside the prison against the provisions of the Act or rules, or found to be manipulating, damaging