Chennai, 6 Feb
Madras High Court has observed that press freedom and privacy were allies and that the fear of surveillance is an assault on the media, which is the fourth pillar of democracy. Justice GK Ilanthiraiyan issued the ruling while disposing of petitions filed by the Chennai Press Club and three reporters, who sought to prevent the Special Investigation Team (SIT) from harassing them during an investigation into the leak of an FIR related to a sexual assault case at Anna University.

The judge condemned the SIT for seizing the petitioners' mobile phones and attempting to access their personal data under the guise of investigation. Justice Ilanthiraiyan emphasised that the seizure violated Section 15(2) of the Press Council Act, which protects journalists' sources as privileged communication. He noted that the petitioners had neither uploaded the FIR nor shared it on social media, making the phone seizures unnecessary and unlawful.

The court also pointed out the failure of the SIT to investigate those directly responsible for uploading the FIR or to issue summons to them, instead focusing solely on the journalists. Justice Ilanthiraiyan highlighted that the police had claimed technical glitches caused the FIR to be uploaded, but this did not absolve them of responsibility. The judge further criticised the uploading of the FIR, noting that the Supreme Court's guidelines prohibit public access to FIRs in sensitive cases, such as those involving sexual offences.

While acknowledging the SIT's right to summon the journalists for questioning, the court stressed that the investigators must not harass them or ask irrelevant questions. The judge directed the SIT to complete its inquiry by 10 February and return the seized devices to the petitioners without delay. Furthermore, the SIT was forbidden from probing into the petitioners' personal details, including their friends, relatives, or confidential sources.