A single bench of the Kerala High Court on Friday, April 11, quashed cases registered under Protection of Children from Sexual Offences Act (POCSO) against executive editor and five staff of Malayalam television channel Asianet News. Quashing further proceedings at the Special POCSO court in Kozhikode, High Court judge Justice A Badharudeen said that the channel deserved appreciation for its reports against drug abuse.
The cases under charges of POSCO, forgery and Juvenile Justice Act were filed against a news programme titled ‘Narcotics is a dirty business’ aired by Asianet News channel and Asianet YouTube channel in November 2022. The case was registered after former Nilambur MLA PV Anwar raised a question in the Assembly in February 2023 over the authenticity of the visuals of a POCSO case survivor who was featured in the news. Three months after telecast, police registered a case against Asianet News' executive editor Sindhu Sooryakumar, regional editor Shajahan Kaliyath, reporter Naufal Bin Yousaf and office staff Neeli R Nair on the allegation that the accused hatched conspiracy and forged video with intention of damaging reputation of the ruling government.
As per the allegation, the visual of a minor daughter of one of the employees was used instead of a POCSO survivor. In addition to the four staff of Asianet News, videographer Vipin Muraleedharan and video editor Vineeth Jose were added as accused.
FIR included sections 120B (criminal conspiracy), 465 (forgery), 419 (Impersonation), 109 (abetment), 471 (Using as genuine a forged document) and 201 (disappearance of evidence) and Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code, Section 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 ( uses children for illegal activities) and Section 23(4) of the POCSO Act (violating the provisions related to media reporting on child sexual assault cases).
Pointing out that the report did not reveal the identity of the survivor, the court said that offence under Section 23(4) of the POCSO Act could not be found prima facie. The court ruled out allegations of forgery citing that there wasn’t any intention to cause damage to the public or any person. “In the instant case, the intention of the channel is not to cause any injury to any public or to the survivor, in any manner and the intention is so vivid to the effect that it was intended to alert the public regarding increase in drug abuse among youngsters in Kerala," the court observed. The court also added that the offence under JJ Act was not applicable as the purpose was not illegal.
Kerala Union of Working Journalists, in a statement, termed the judgement a ‘victory of justice’. It said that the order will be an inspiration to challenge planned attacks against media persons.
In a press statement, Asianet News said that the channel courageously withstood efforts to silence it through threats and coordinated assaults. Stating that police showed an undue haste in investigation, Asianet News’ statement said that their regional office in Kozhikode was raided and staff were questioned for hours during the probe. Asianet News added that, despite personal attacks and relentless harassment, they survived with the support of their viewers and well-wishers.
Anwar, who had later snapped ties with the LDF and joined Trinamool Congress, remained silent on the developments.
