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2026 Supreme(Online)(Ker) 68842

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
Aparna Kurup – Appellant
Versus
State of Kerala – Respondent
WP(C) NO. 31281 OF 2026



Important Points

The court affirmed that the freedom of a journalist to practice their profession is protected under Article 19(1)(a) of the Constitution of India, entitling them to state police protection when facing threats to their life or property.

Subject

Constitutional Law - Fundamental Rights

Act Referred

Headnote

(A) Police Protection - Protection of Journalist - Right to practice profession - The rights of a journalist are protected under Article 19(1)(a) of the Constitution of India; consequently, there cannot be any unjust violation of the freedom to practice the profession. (Para 6)

(B) Law and Order - Threat to Life - Duty of State - Where a journalist faces threats to life and property, the police authorities are obligated to afford necessary protection to avert law and order situations. (Para 7)

Issues: Whether the petitioner is entitled to police protection for her life and property following threats received in the course of her journalistic profession.

Legal Category Hierarchy

  • constitutional law
    • fundamental rights
      • freedom of profession (Para 6)
  • practice and procedure
    • police protection (Para 2, 3, 4, 5, 7)
    • writ jurisdiction (Para 2, 3, 7)
  • crime and sentencing
    • threats and intimidation (Para 1, 2, 7)

Advocates:
For the Appellants/Petitioners: Mansoor.B.H., Sakeena Beegum
For the Respondents: Sarath T.S

Table of Contents

1. A journalist facing life threats following a media discussion program seeks police protection for her life, residence, and family after reporting the incidents to law enforcement. (Para 1 , 2 )

2. The petitioner sought police protection due to persistent threats, while the state expressed willingness to provide security for the petitioner's life and residence as required. (Para 2 , 4 , 5 )

3. The court recognized that a journalist's right to practice their profession is protected under Article 19(1)(a) of the Constitution, necessitating state obligation to prevent unjustified interference. (Para 6 )

4. The state has an affirmative duty to protect the life and professional freedom of journalists against threats and intimidation to ensure the effective exercise of Constitutional rights. (Para 6 , 7 )

5. The petition is disposed of with authorization for the petitioner to report any threats to the police, who are directed to provide necessary protection. (Para 7 )

6. What is the legal basis for a journalist to claim police protection against threats in India?

A journalist's professional activities are protected under Article 19(1)(a) of the Constitution of India. Consequently, the state is obligated to prevent any unjust violation of their freedom to practice their profession, including the provision of police protection to ensure their safety and the maintenance of law and order. (Para 6 , 7 )

7. What is the procedure for a person under threat to seek ongoing police protection after filing an initial complaint?

If a threat remains persistent, the victim is entitled to alert the local Station House Officer regarding any intimidation or threatened violence. Upon such notice, the authorities are legally required to provide necessary protection to the individual and their residence to prevent any breakdown of law and order. (Para 5 , 7 )

JUDGMENT

The petitioner is a senior journalist working with a television channel. After the said channel telecasted a discussion programme by name “Big Dialogue” on 29.09.2026, the petitioner started receiving phone calls, threatening her life. The petitioner submitted a complaint before the 5th respondent pursuant to which Ext.P1 FIR was registered by the Kochi Cyber Crime Police. The petitioner states that despite registration of Ext.P1 FIR, threats continued. The petitioner has produced the screenshots of the posts received by her in her whats-app, as Ext.P2. The petitioner, therefore, submitted Ext.P3 request before the 4th respondent Station House Officer seeking protection.

2. The petitioner states that due to the thereat, she is not in a position to go out of the house. Accordingly, the petitioner has filed this writ petition for a direction to respondents 2 to 4 to afford adequate and effective police protection to the life and property of the petitioner, for her minor son and her residence.

3. This Court on 14.09.2026 passed the following order:

“The learned Government Pleader takes notice for respondents 1 to 5.

In the meantime, there will be a direction to the 4th respondent to afford adequate protection to the petitioner’s life as well as her residential apartment. There shall be a further direction to the 4th respondent to ensure that the law and order situation in the vicinity of petitioner’s residence is maintained without any sort of obstruction or interference from any person, pending disposal of the writ petition.”

4. The learned counsel for the petitioner submits that pursuant to the said order, the 4th respondent is affording protection to the petitioner and there is surveillance by the police near the residence of the petitioner.

5. The learned Government Pleader, on instructions, submitted that the 4th respondent is willing to afford adequate police protection to the petitioner's life as well as her residential apartment as and when required.

6. The rights of a journalist are protected under Article 19(1)(a) of the Constitution of India and there cannot be any unjust violation of her freedom to practice her profession.

7. In the said circumstances, it will be open to the petitioner to alert the 4th respondent of any threat or intimidation from any person and in such event, the 4th respondent shall afford necessary protection to the petitioner, her son and her residence and take all necessary steps to avert any law and order situation.

The Writ Petition is disposed of.

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