The court upheld the protection of press freedom and privacy rights, emphasizing that investigative procedures must respect journalistic integrity and not result in harassment of reporters.

ORDER :

(G.K. ILANTHIRAIYAN, J.)

All these writ petitions have been filed for direction forbearing the Special Investigation Team from harassing the petitioners in the guise of an enquiry pursuant to the registration of FIR in Crime No.107 of 2024 on the file of the Special Investigation Team, Chennai East Zone, Cyber Crime Police Station, without following due process of law. The Criminal Original Petition has been filed for direction to direct the respondent police not to harass the petitioners in the guise of an enquiry in connection with crime No.107 of 2024 on the file of the second respondent except due process of law.

2. The issue in all these petitions is one and the same and as such this Court is inclined to pass a common order.

3. All the petitioners are the reporters of their respective news channels and the Chennai Press Club consisting the members including Reporters, Sub-editors, Photographers, Cameramen, Proof Readers, Lay-out artists etc., working as reporters for their respective news paper, magazine, television news channels in Tamil Nadu. On 23.12.2024, within the campus of Anna University situated at Guindy, Chennai, a second year engineering student was allegedly sexually assaulted by the accused. In pursuant to the complaint, the Inspector of Police, All Women Police Station, Kotturpuram, Chennai, registered a FIR in Crime No.3 of 2024 for the offences punishable under Sections 63 (a), 64(1), 75(i)(ii) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “ BNS ”). In pursuant to the registration of the FIR, one accused was arrested and remanded to judicial custody.

4. While the investigation is under progress, the FIR was uploaded in the public domain of Tamil Nadu police website called Crime and Criminal Tracking Network and Systems (hereinafter referred to as “CCTNS”). After uploading in the public domain, it was downloaded by various persons from the public domain thereby the identity of the victim was revealed and breached her right to privacy. Therefore, the Public Interest Litigation petitions were filed in W.P.Nos.39893 & 39895 of 2024 before this Court. The Hon'ble Division Bench of this Court by an order dated 28.12.2024, concluded as follows :-

“29. In view of the facts and circumstances, this Court is inclined to issue the following directions:

(1)All Women Special Investigation Team comprising Dr.Bhukya Sneha Priya, I.P.S., Deputy Commissioner of Police, Anna Nagar District, Ms.Ayman Jamal, I.P.S., Deputy Commissioner of Police, Avadi and Ms.S.Brinda, I.P.S., Deputy Commissioner of Police, Salem City is constituted to take up the investigation in right earnest, and conclude the same by filing charge sheet in two criminal cases registered in Crime No.3 of 2024 on the file of All Women Police Station, Kotturpuram, Chennai and Crime No.107 of 2024 on the file of Chennai East Zone Cyber Crime Police Station. All Women Special Investigation Team shall not allow any offenders to go scot free irrespective of their official position and how so high they are in the society.

(2)The Director General of Police is directed to provide all necessary assistances to the Special Investigation Team, enabling the team to conduct investigation, file charge sheet and proceed with the trial before the Competent Court.

(3)The Director General of Police is directed to provide interim protection to th