IMPORTANT POINT
The court ruled that the media's intent to inform the public about drug abuse, while protecting the survivor's identity, did not constitute a violation of the PoCSO Act.

ORDER :

A. BADHARUDEEN, J.

Accused Nos.1 to 6 in S.C.No.575/2024 on the files of the Special Court for trial of offences under the Protection of Children from Sexual Offences Act, (for short ‘the PoCSO Act’ hereinafter), Kozhikode, have filed this Criminal Miscellaneous Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the following prayer:

To quash Annexure-F final report and the allied proceedings before the Hon’ble Additional District and Sessions Court Kozhikode in S.C.No.575/2024 before the Hon’ble Additional Sessions Court and Fast Track Court for PoCSO Offences, Kozhikode, in the interest of justice, equity and fairness.

2. Heard the learned senior counsel for the petitioners as well as the learned Special Government Pleader - cum - Special Public Prosecutor, in detail.

3. Prosecution case;

The prosecution alleges commission of offences punishable under Sections 120B, 465, 419, 109, 471 and 201 r/w Section 34 of the Indian Penal Code (for short, ‘the IPC’ hereinafter), Section 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the JJ Act' hereinafter) as well as under Section 23(4) of the PoCSO Act, by the petitioners herein.

4. The entire prosecution case stems out from a programme telecasted by Asianet News channel owned by Asianet News Network Pvt.Ltd. on 4.11.2022 and in the YouTube channel of Asianet on 10.11.2022 under the caption ‘Narcotics is a dirty business’. Even though the programme was telecasted on 4.11.2022, crime was registered on 4.3.2023. Annexure B is the copy of FIR in Crime No.101/2023 of Vellayil Police Station, Kozhikode. The allegation in the FIR is that accused Nos.1 to 4 hatched conspiracy with intention to defame the image of the Government and telecasted a programme 'Narcotics is a dirty business' as a 'Roving Report' on 10.11.2022 and failed to inform the occurrence regarding a PoCSO Act offence in relation to the child interviewed in school uniform. When final report filed after investigation, the prosecution allegation is that accused Nos.1 to 4 with intention of damaging reputation of the ruling Government, hatched conspiracy and forged video under the caption ‘Narcotics is a dirty business’ as a Roving Report and telecasted through Asianet News channel and Asianet YouTube channel. The specific allegation is that, in order to increase Television Rating Point, (TRP) of Asianet News channel and keep the channel in the top position and to increase its income, the 1^st accused, the Executive Editor, who is authorized to plan the programmes of the channel and to permit its telecast, after its scrutiny, had WhatsApp/Zoom meeting with the 2^nd accused and decided to make investigative programme and the 3^rd accused, who is the Bureau Chief of Asianet, Kannur, agreed for the same. Thereafter, accused Nos.1 to 3, after sharing common intention, decided to include the victim in PoCSO Crime No.989/2022 of Kannur Police Station in the programme. Thereafter, the 3^rd accused contacted the father of the survivor, but he refused to give an interview, since their family have been staying in Maharashtra. But, accused Nos.1 to 3 decided to go with the programme and for which, they had used the voice of the victim in Crime No.989/2022 recorded on 9.8.2022 and included the said voice in the programme. The further allegation is that, as part of conspiracy hatched in between accused Nos.1 to 3, they contacted the 4^th accused, who is a staff of Asianet News, Kozhikode and prepared the programme showing the daughter of the 4^th accused instead of the survivor, with the help of the 5^th accused, the video camera man, in between 14.30 hrs and 16.30 hrs on 1.11.2022 with the aid of the 6^th accused. The further allegation is that, thereafter, the said video, by impersonating the victim in Crime No.989/2022 through the daughter of the 4^th accused, (another child) under the caption ‘Narcotics is a dirty business’ has been telecasted on 4.11.2022 and on 10.11.2022 th