Kerala HC: Police can’t seize journalist’s phone without following procedure

The court directed police to file a statement about the circumstances under which the journalist’s phone was seized. Posting the matter for July 21, the court said, “The grievance of the petitioner is that his mobile phone was seized by the police without implicating him in any crime, and he is not a witness also in any criminal case. I am of the considered opinion that the mobile phone of the journalist shall not be seized by the police authorities in violation of the provisions of the CrPC. If the mobile phone is necessary, in connection with a criminal case, there are procedures to be followed before seizing those items.”

The court said that just because a journalist might have got some information about a crime in their phone, the phone cannot be seized without the appropriate procedures being followed. The court pointed out that there were allegations in this case that the petitioner and even members of his family were harassed. “This can’t be allowed,” the court said.