Kerala HC Stays Crime Branch Notice to Madhyamam Daily Over PSC Dark Web Data Leak Report

Kerala HC Stays Crime Branch Notice to Madhyamam Daily Over PSC Dark Web Data Leak Report

The Kerala High Court issued a stay on further proceedings related to notices from the police's Crime Branch to the Malayalam newspaper Madhyamam Daily.

The notices sought details on how the newspaper accessed a Kerala Public Service Commission (KPSC) note, which reportedly stated that the names and passwords of several PSC applicants were available on the dark web.

Madhyamam Daily had reported the issue on July 28, accompanied by an image of the note. The Crime Branch Central Unit – I Deputy Superintendent, in a notice to the newspaper's Chief Editor, asserted that the PSC note in question was highly confidential. In response, the petitioners—Madhyamam's Chief Editor and Senior Sub-editor—stated that they could not disclose their source.

The petitioners approached the High Court seeking to quash the notice issued by the Crime Branch. They alleged facing constant threats and harassment and expressed apprehension that they might be named as accused for non-compliance with the notice. Alongside, they filed an application requesting the Court to stay all further proceedings related to the notices issued by the police's Crime Branch.

Justice K. V. Jayakumar while issuing notice on the plea said, "There shall be an interim stay of all further proceedings in connection with Annexures B and D notices issued by the 2nd respondent, for a period of two weeks". The Public Prosecutor took notice for the respondents and sought time for getting instructions.

The matter is next posted to January 16.

The petitioner claimed that in successive notices, the Deputy Superintendent had demanded the Chief Editor to provide details on how the PSC note was accessed, along with the name, address, official address, and email IDs of the journalist who prepared the report. Additionally, the notice requested the production of a phone in the possession of the Senior Sub-Editor.
 
The notices also mentioned that if the phone was not handed over, action would be initiated under Section 210 (Omission to produce document or electronic record to public servant by person legally bound to produce it) of the BNS.
 
The petitioners urged in their petition that journalists are not bound to disclose their sources
 
In so far as a journalist is concerned, he is not bound to disclose his source of information which is collected as part of his profession and that the compulsion to disclose the source, is indirectly impeding a journalist from carrying out his profession.”
 
They argued that the crime branch, instead of investigating into the leakage of PSC data was showing enthusiasm in investigating the source of the news.

The petition is moved by Advocates K. Rakesh, Ameen Hassan K.

Case Title: O. Abdurahman v State of Kerala and Another

Case No: Crl.MC 11077 of 2024

 

Share this News

Website designed, developed and maintained by webexy