In recent development of Sojan Scaria v. State of Kerala & Others. case, the hon’ble Kerala High Court on Thursday (05.10.2023) directed the Ernakulam Sessions Court to return the electronic equipment of Marunadan Channel, that was earlier seized in connection with a case against its Editor
Background for seizure:
The case existed in connection with an event where electronic equipment were seized by the police, related to the broadcast of a news item which alleged maladministration of a Sports Hostel, implicating MLA Sreenijin, who was acting under the capacity of Chairman of the District Sports Council.
Accordingly, in light of complaint raised by MLA Sreenijin, who alleged that Mr. Sojan Scaria, editor and publisher of the channel, broadcasted derogatory news item against him, rendering Managing Director Sojan Scaria and two former employees of the company booked under Sections 3(1)(r), 3(1)(u) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, relating to insult and humiliation for being member of SC/ST, and criminalisation of any communication, that promotes or attempts to promote feelings of enmity, hatred or ill-will against the members of SC/ST, respectively, r/w Sec. 120(O) of the Kerala Police Act, 2011, in furtherance to the above The Police conducted search of the Company’s office at Thiruvananthapuram and seized cameras, monitors, micro phones, laptops, CCTV DVR in June,2023.
Resultantly, Mr. Sojan Scaria filed two applications seeking release of the seized articles and de-freezing of the Company’s bank accounts, the said applications were dismissed by the Sessions Court stating the seized articles would have to be forwarded to the Forensic Science Laboratory. Thus Mr. Sojan Scaria, who is one of the two directors of Tidings Digital Publications Pvt Ltd running the online channel, moved to the hon’ble High Court of Kerela against the sessions court order declining to release the equipment.
High Court’s Observation:
During the proceeding of the case the prosecution, contended that the equipment were sent for forensic analysis in July but were returned to the sessions court as the lab did not had the required sterile hard discs for examination. As the money required for the hard discs has to be sanctioned by the Police Headquarters, accordingly a request for funds was sent and is still under consideration, thus as soon as the sanction is received and the hard discs were procured, the equipment would be sent back to the lab.
The prosecution added that time needed depends upon the nature of the examination and pendency of cases at the lab. In the contrary the counsel appearing on behalf of Mr. Sojan Scaria appealed and highlighted before the Hon’ble Court that the seized articles were necessary for the day to day affairs of the channel.
Accordingly, The High Court of Kerala, refused to accept the explanation given by the prosecution and set aside the sessions court order declining to release the equipment. The High Court directed the sessions court to “release the articles after imposing appropriate conditions, including a condition to the effect that the petitioner (Sojan Scaria) shall not erase or tamper with any contents of the equipment”.
The court further directed “The police authorities will immediately, at any rate, within one week from the date of receipt of a certified copy of this order, release the monitor and cameras kept in the police station after executing a bond, in accordance with law,”
Thus the pleas was allowed, and the Hon’ble High Court of Kerala- thus directed the Sessions Court, Ernakulam, to release the articles after imposing appropriate conditions, and also directed the police authorities to release the monitors and cameras kept by them within a week, after executing a bond.
– Justice Kunhikrishnan
I do not know why the entire equipment of this channel was seized by the police in connection with this case
