In cases under the Protection of Children from Sexual Offences (POCSO) Act, the High Court emphasized that the police should target those responsible for leaking sensitive information rather than focusing on journalists. The court highlighted the role of the media in reporting and held that leaking confidential details is a breach of law. It directed the authorities to investigate the source of such leaks while protecting press freedom.
The Madras High Court emphasized that the police must identify and apprehend the actual offenders who provide sensitive videographs and information in cases of sexual offenses against children, rather than focusing solely on registering criminal cases against journalists.
The Court addressing two petitions, a suo motu petition initiated by the Court based on an advocate’s request and a habeas corpus petition filed by the mother of a minor victim.
Read Also: “Minor Can Face Charges Under POCSO Act”: Kerala High Court
A Division Bench, consisting of Justice S.M. Subramaniam and Justice V. Sivagnanam, noted,
“The practice of registering cases only against Journalists and YouTubers, while leaving the real accused untouched, seems intended to threaten the Freedom of Press. Freedom of Press, being a Constitutional Right, cannot be compromised. When such publications are made, the police should identify the real perpetrators who provided the videographs and information, rather than only targeting the journalists.”
Advocate R. Sampath Kumar represented the petitioner, who is the mother of the victim, while State Public Prosecutor (SPP) Hasan Mohamed Jinna appeared on behalf of the respondents.
The petition sought a writ of habeas corpus, requesting the Court to direct the respondent police, specifically the Deputy Commissioner of Police, to produce the minor girl before the Court and return her to her parents. Additionally, the petition called for proper medical treatment for the victim, protection for her and her family, appropriate compensation under the Protection of Children from Sexual Offences Act, 2012 (POSCO Act), and disciplinary action against the police officers involved.
Advocate A.P. Surya Prakasam, in his letter, mentioned that the minor girl, approximately 10 years old, was a rape victim and that her parents had allegedly been subjected to harassment by the Inspector of Police.
The High Court addressed a case involving police misconduct toward a minor victim of sexual assault and her parents. It was noted that the victim would be examined by a Medical Board, referred for expert counselling, and compensated.
Additionally, the Court highlighted that the police officers responsible for these actions should face suitable punishment. A letter, along with newspaper reports such as “Cop beats minor rape survivor’s parents; Culprit not yet arrested,” was presented.
In response, the Court stated,
“The subsequent criminal cases registered against one YouTuber and one Journalist cannot be appreciated by this Court. The publications are made, on receipt of the videograph or information. Therefore, the police are expected to conduct a thorough enquiry and identify the persons, who all are the real accused disclosed the audio and video to the Journalist. Thus, merely registering a case against the Journalist would do no service to the cause of justice.”
The Court criticized the police for their handling of the minor victim and her parents, noting that their treatment violated the POCSO Act’s provisions and investigation procedures.
The Court added,
“The actions of the respondent / Police raise serious doubts and suspicion in the mind of this Court. The victim side absolutely lost their confidence on Police regarding the investigation conducted,”
Citing the principle that “Justice must be seen to be done” and the victim’s loss of trust in the police, the Court found grounds to transfer the investigation from the Tamil Nadu Police to the Central Bureau of Investigation (CBI).
The Court also directed the authorities to ensure police protection for the victim and her family, ensuring their safety.
The petitions subsequently disposed of.