KERALA HIGH COURT DECLINES TO QUASH CASE AGAINST PUBLISHER, CHIEF EDITOR OF NEWSPAPER FOR DISCLOSING DETAILS OF SEXUAL OFFENCE VICTIM

The Kerala High Court in the case Fr. Joseph Kuzhinjalil v State of Kerala observed and has declined to quash proceedings initiated under section 228A of the Indian Penal Code, IPC, 1860 against the Printer and Publisher and Chief editor of Rashtra Deepika Publications, Kottayam to disclose the details of a victim of a sexual offence.

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The bench headed by Justice A. Badharudeen in the case ordered that a prima facie offence was being made out against the petitioners and dismissed the case.

In the present case, the accused no 1 is the printer and publisher of the Rashtra Deepika Publications, Kottayam, where the above news was published and accused no 2 is the Chief Editor of Rashtra Deepika Publications, Kottayam.

Therefore, the Chief Editor or the Editor and printer and publisher, are persons in the ordinary course who are responsible for selecting the news items, are alleged to have committed the offence and since the ingredients to attract the offence alleged to be committed by the petitioner no 1 and petition no 2, the accused no and accused no 2 are made out, prima facie, quashment sought for is liable to fail.