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2025 Supreme(Online)(Mad) 18652
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
M. Saravana Kumar - Petitioner
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Home (Police) Department and Ors. – Respondents
W.P. Nos.3950, 3968, 4048 & 4107 of 2025 and Crl.O.P. No.2937 of 2025 W.M.P.Nos.4392, 4417, 4419, 4421, 4594 & 4612 of 2025
Decided On : 04-02-2025
Advocates Appeared :
For the Petitioners : Mr. M.R. Jothimanian, Mr. K. Balu, Mr. K. Elangovan, Mr. C. Arun Kumar, Mr. R. Vivekananthan
For the Respondents : Mr. K.M.D. Muhilan, Government Advocate (Crl. Side).
The court affirmed the protection of journalistic sources and privacy, ruling that harassment of journalists during investigations violates constitutional rights and due process.
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 63(a), 64(1), 75(i)(ii), 72; Information Technology Act - Section 67A - Writ petitions filed to prevent harassment by Special Investigation Team during enquiry related to FIRs concerning sensitive offences - Court emphasized the importance of due process and protection of journalistic sources - Interim compensation of Rs.25,00,000/- directed to victim for police lapses - Special Investigation Team directed to refrain from harassing journalists and to return seized devices. (Paras 4, 24)
(B) Freedom of Press - Right to privacy and freedom of expression under Article 19(1)(a) of the Constitution - Court underscored the need for protecting journalistic sources and privacy during investigations, stating that harassment of journalists undermines press freedom. (Paras 8.4, 20)
Facts of the case:
Petitioners, journalists, sought protection against alleged harassment by police during investigation of FIRs related to a sexual assault case, arguing that they had no role in leaking victim identity. (Paras 3, 11)
Findings of Court:
The court found no evidence of the petitioners' involvement in the FIR leak and emphasized the need for lawful conduct by the Special Investigation Team, protecting the rights of the journalists. (Paras 11, 24)
Issues: The main issues were the legality of the summons issued to the journalists and the protection of their rights during the investigation process. (Paras 8, 11)
Ratio Decidendi: The court ruled that the Special Investigation Team must conduct its investigation without harassing journalists, respect their rights, and adhere to legal standards, particularly regarding the seizure of devices and questioning. (Paras 20, 24)
Result: Writ petitions allowed with directions for the Special Investigation Team.
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 the victim girl and to her family members.
(4)The Government of Tamil Nadu is directed to pay an interim compensation of Rs.25,00,000/- [Rupees Twenty Five Lakhs Only] to the victim girl immediately, for the lapses by the Police Department in paving way for leaking FIR and for the trauma undergone by the victim girl and by her family members. The interim compensation granted by this Court will not be a bar for the victim to claim further compensation under relevant law. The compensation to be paid by the State Government can be recovered from all officials, persons, who all are responsible and accountable for leaking of
