IMPORTANT POINT
A sting operation conducted in good faith for public interest is exempt from prosecution for defamation if no malafides are present.

ORDER :

1. Petitioners are the accused in C.C. No. 26/2015 on the file of the Chief Judicial Magistrate Court, Ernakulam. The above case is filed by the 1st respondent against the petitioners alleging offences punishable under Sections 120B, 501 and 502 of the Indian Penal Code.

2. The 1st respondent is a Senior Geologist in the Department of Mining and Geology. The 1st petitioner herein is the Reporter of the Mathrubhumi News T.V. Channel. The 2nd petitioner is the Cameraman of the Channel. The 3rd petitioner is the News Reader of the T.V. Channel and 4th and 5th petitioners are the printers and publishers of the Mathrubhumi daily. The 6th petitioner is the Chief Executive Officer of the Mathrubhumi News T.V. Channel and the 7th petitioner is the Editor of the Mathrubhumi News T.V. channel.

3. According to the 1st respondent, a news item telecasted and reported by the channel on 03.05.2013 is defamatory to him. Annexure-A1 is the complaint. According to the petitioners, even if the entire allegations are accepted, no offence is attracted and the petitioners were only doing a sting operation with bonafides. Therefore, there is no offence is made out, even if the entire allegations in Annexure-A1 is accepted, is the submission. Hence, this Criminal Miscellaneous Case is filed.

4. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the 1st respondent.

5. It is the case of the 1st and 2nd petitioners that, they came to know that the 1st respondent was misusing his official position as Senior Geologist by accepting bribe for issuing mining passes. With a view to inform the same to the general public, the 1st petitioner posing as a miner and approached the defacto complainant for issuing mining pass, and the defacto complainant sought for a bribe of Rs.20,000/-.

6. It is further submitted that the 1st petitioner went to the lodge of the complainant and the act of complainant, accepting bribe of Rs.20,000/- was recorded visually. To expose the malafides of the complainant and to protect the general public, the act of the complainant in accepting the bribe was telecasted over the Mathrubhumi T.V. Channel on 03.05.2013. According to the petitioners, even if the entire allegations are accepted, the petitioners are exempted from prosecution because it is a sting operation without any malafides against the complainant.

7. The counsel for the 1st respondent takes me through the counter affidavit filed by the 1st respondent. The counsel submitted that, the contentions raised by the petitioners are all matters of evidence and this Court may not interfere with the prosecution. The counsel also submitted that the learned Magistrate passed a speaking order while taking cognizance and the same is not produced by the petitioners and the non-production of the said order and non-challenge of the said order itself is a reason to dismiss this Crl. M.C. The counsel takes me through each and every contentions raised in the counter and also submitted that based on the above report in the TV Channel and the News Papers, an FIR was registered by the VACB, Thrissur Unit and the case was investigated by the Deputy Superintendent of Police. A final report is also filed as evident by Annexure-R1(a). It is submitted that, the Enquiry Commissioner and Special Judge, Thrissur considered Annexure-R1(a) final report and passed a detailed order accepting the final report as evident by Annexure-R1(b). Hence, it is submitted that the 1st respondent is justified in prosecuting the petitioners for defamation.

8. This Court considered the contentions of the petitioners and the 1st respondent. This Court in Pradeep v. State of Kerala, 2024 (5) KLT 122 : 2024 (5) KHC 138, considered the validity of sting operation conducted by Press and Media people. This Court observed that, if there is no malafides behind the sting operation and there is no intention to target anybody, the Press persons cannot be prosecuted for sting operation. This Co