Seizing mobile phones of journalists is an assault on the press, says Madras High Court

Madras High Court condemns police seizure of journalists' phones, upholds press freedom, and restricts intrusive investigation practices.

The police action of seizing mobile phones of journalists, in the guise of conducting investigation in a criminal case, and forcing them to provide access to their personal and private data is nothing but an assault on the press and an attempt to oppress them, the Madras High Court has said.

Justice G.K. Ilanthiraiyan made the observation while disposing of a batch of writ petitions filed by Chennai Press Club and individual journalists who had been summoned for inquiry and whose phones were seized by a special investigation team (SIT) probing the Anna University sexual assault FIR leak case.

After directing the SIT to return the seized mobile phones forthwith and also restraining it from inquiring about the family details and the confidential sources of the journalists, the judge said, the seizure of the mobile phones was a clear violation of Section 15(2) of the Press Council Act of 1978.

He pointed out the source of information received by a journalist would fall under the purview of privileged communication and Section 15(2) clearly states that no newspaper, news agency, Editor or a journalist could be compelled to disclose the source of any news or information received or reported.

The judge also expressed surprise over the SIT having issued summons to the journalists who had merely viewed the FIR on the Crime and Criminal Tracking Network and Systems (CCTNS) portal without conducting inquiries with the police and other officers responsible for having uploaded it on the portal.

Justice Ilanthiraiyan said, the Supreme Court had mandated uploading of FIRs, on a website that could be accessed by the public, only with respect to cases that were not sensitive in nature. Therefore, the police should not upload FIRs related to sexual offences, insurgency, terrorism and so on.

“Uploading of the FIR (related to the Anna University sexual assault case) is a clear violation of the order passed by the honourable Supreme Court... It is very unfortunate that the policepersons simply said that due to technical glitches, the FIR was uploaded in the official web portal,” the judge lamented.