Kerala High Court Quashes Criminal Proceedings Against Reporters for Solar Scam Sting Operation
The Kerala High Court recently quashed criminal proceedings against two reporters for conducting a sting operation related to Kerala’s sensational solar scam case.
In quashing the proceedings, Justice PV Kunhikrishnan emphasized that the press sometimes needs to blur legal boundaries to fulfill its duty of informing the public about government actions.
“The fourth estate is essential to a healthy democracy, ensuring that power is not abused and that citizens are well-informed and engaged in the democratic process,” the Court noted. “To achieve these goals, the press may engage in activities typically not permitted by law, such as sting operations.”
However, the Court clarified that the legality of sting operations conducted by media or law enforcement agencies must be determined on a case-by-case basis. Sting operations conducted in good faith to uncover and communicate the truth to the public may be exempt from prosecution.
“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 for such sting operation and the reporting based on it. But if the sting operation aims to uncover the truth and inform the public without malafide intention, the press is exempted from prosecution,” the Court held. “The press should act with bonafides, aiming to promote democracy, and should not harass or humiliate individuals or the government.”
These observations were made while considering a petition by two Reporter TV journalists seeking to quash criminal proceedings against them. They were accused of recording a witness in the solar scam case who was in prison at the time, allegedly violating Sections 86 and 87 of the Kerala Prisons and Correctional Services (Management) Act 2010.
The Court found that the reporters had conducted a sting operation and had obtained prior permission to enter the prison. When they attempted to record the witness, they were stopped by jail authorities. Given these circumstances, the Court deemed it appropriate to quash the proceedings.
Advocate CP Udayabhanu represented the petitioners, while Public Prosecutor MP Prasanth appeared for the State.
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