The Madras High Court has strongly defended press freedom, denouncing undue surveillance measures against journalists in the ongoing investigation into the Anna University sexual assault FIR leak case. Justice G.K. Ilanthiraiyan highlighted the crucial alliance between press freedom and privacy, declaring any fear of surveillance as an outright assault on the press.
In a resolute order, Justice Ilanthiraiyan addressed the grievances of the Chennai Press Club and three reporters who had petitioned the court to stop harassment by a Special Investigation Team (SIT) of the police. The petitioners argued that their mobile phones were seized and they were coerced into unlocking devices and revealing sensitive information under the pretense of investigation.
Justice Ilanthiraiyan emphasized that the source of information handled by journalists is protected under privileged communication, as stated in Section 15(2) of the Press Council Act. He pointed out that the seizure of devices and the extraction of information without evidence of the petitioners uploading or sharing the FIR on social media was a violation of this statute.
The court also criticized the investigative approach taken by the SIT, noting discrepancies in the handling of the FIR. It was revealed that the FIR had been uploaded to the police’s official portal without proper authorization and attributed to technical glitches—a claim that Justice Ilanthiraiyan found insufficient. He remarked that the FIR, especially one involving sensitive allegations like sexual offenses, should not have been made public as per Supreme Court directives.
To rectify the situation, the Division Bench of the Madras High Court has tasked the SIT with investigating the inappropriate disclosure of the FIR. However, the court instructed that while the SIT has the authority to summon the petitioners for questioning, it must not harass them or delve into irrelevant personal details.
