The Kerala High Court has dismissesd the POCSO case against Asianet News related to its drug abuse report. The Kerala Union of Working Journalists called the verdict a “victory of justice” in their official statement.
A single bench of the Kerala High Court quashed cases filed under the Protection of Children from Sexual Offences Act (POCSO) against the executive editor and five staff members of the Malayalam television channel Asianet News.
High Court judge Justice A. Badharudeen stated that the channel deserved recognition for its reporting on drug abuse while dismissing further proceedings at the Special POCSO court in Kozhikode.
The cases, which included charges of POCSO violations, forgery, and violations of the Juvenile Justice Act, stemmed from a news program titled “Narcotics is a Dirty Business,” aired by Asianet News and its YouTube channel in November 2022.
The legal action was initiated after former Nilambur MLA P.V. Anwar questioned the authenticity of visuals featuring a POCSO case survivor in the Assembly in February 2023.
Three months after the broadcast, police registered a case against Asianet News’ executive editor Sindhu Sooryakumar, regional editor Shajahan Kaliyath, reporter Naufal Bin Yousaf, and office staff Neeli R. Nair, alleging they conspired to forge a video intended to damage the reputation of the ruling government.
The allegations claimed that the visual of a minor daughter of one of the employees was improperly used instead of that of a POCSO survivor. Videographer Vipin Muraleedharan and video editor Vineeth Jose were also added as accused.
The FIR included various sections of the Indian Penal Code, such as 120B (criminal conspiracy), 465 (forgery), 419 (impersonation), 109 (abetment), 471 (using a forged document), and 201 (disappearance of evidence), along with Section 34 (acts done by several persons with a common intention) and relevant sections of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the POCSO Act.
Also Read: POCSO Case || Karnataka HC Grants Anticipatory Bail to EX-CM BS Yediyurappa
The court noted that the report did not disclose the identity of the survivor, concluding that there was no prima facie case under Section 23(4) of the POCSO Act. It dismissed the forgery allegations, stating that there was no intention to cause harm to the public or any individual.
The court observed,
“In the instant case, the intention of the channel is not to cause any injury to any public or to the survivor, in any manner and the intention is so vivid to the effect that it was intended to alert the public regarding increase in drug abuse among youngsters in Kerala,”
The court also stated that the offence under the Juvenile Justice Act was not applicable, as the purpose was not illegal.
The Kerala Union of Working Journalists recognized the judgment as a “victory of justice,” asserting that it would inspire challenges against planned attacks on media professionals.
In a press statement, Asianet News expressed that the channel bravely resisted efforts to silence it through threats and coordinated assaults.
They criticized the police for their undue urgency in the investigation, mentioning that their regional office in Kozhikode was raided and staff members were interrogated for hours.
Asianet News emphasized that, despite personal attacks and relentless harassment, they persevered with the support of their viewers and well-wishers.
Anwar, who later severed ties with the LDF to join the Trinamool Congress, did not comment on the recent developments.