The Kerala High Court has ruled that media persons conducting sting operations in good faith to uncover the truth and inform the public are exempt from prosecution. Justice P.V. Kunhikrishnan delivered this significant judgment while quashing criminal proceedings against two journalists who had attempted a sting operation inside a prison.
The case, CRL.MC NO. 2924 OF 2015, was filed by Pradeep and Prasanth, reporters with Reporter TV Channel, seeking to quash proceedings against them in ST.No.2065 of 2014 pending before the Judicial First Class Magistrate Court-I, Pathanamthitta. The case stemmed from Crime No.1123 of 2013 registered by Pathanamthitta Police Station.
According to the prosecution, on July 16, 2013, the petitioners entered Pathanamthitta District Jail with permission to visit an undertrial prisoner named Joppan, an accused in a case known as the “solar scam”. They allegedly attempted to record Joppan’s statement using a mobile phone, violating jail rules. The jail superintendent reported the matter, leading to the registration of a case against the journalists under Sections 86 and 87 of the Kerala Prisons and Correctional Services (Management) Act 2010.
The court examined two crucial questions: whether any offense was made out, and if the sting operation by media persons amounted to an offense. Justice Kunhikrishnan observed that while the ingredients of Section 86 of the Act were prima facie attracted, the case needed to be viewed differently considering the petitioners’ status as media persons.
Emphasizing the vital role of the press in a democracy, the court stated, “In a democratic country, if there is no freedom of the press, that will be the end of democracy itself.” It added that people should be aware of what is true and untrue to participate effectively in the democratic process.
The judgment extensively discussed the concept of sting operations, citing Supreme Court decisions in R.K. Anand v. Registrar, Delhi High Court (2009) and Rajat Prasad v. CBI (2014). Justice Kunhikrishnan noted that while sting operations carried out in public interest have received judicial approval, they cannot be uniformly legalized and must be evaluated case-by-case.
The court observed: “If the sting operation is done by the press with any mala fide intention or to target a person individually and to humiliate him, there will not be any backing of law to the media person for such sting operation and the reporting based on such ‘sting operation’.”
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However, in this case, the court found that the petitioners’ act was driven by an intention to gather news without any deliberate attempt to violate the law. Justice Kunhikrishnan concluded, “In such circumstances, I am of the considered opinion that the continuation of the prosecution against the petitioners, who are admittedly media persons is not necessary.”
The case was argued by Advocate C.P. Udayabhanu for the petitioners, while Public Prosecutor M.P. Prasanth represented the State of Kerala.
