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Kerala High Court Orders Police Protection for Journalist Receiving Death Threats

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Not stated in the source
Bench
Justice Devan Ramachandran
Citation
Not stated in the source
Statutes
  • Constitution of India — s.19(1)(a)
Source
LiveLaw
Bottom Line Up Front (BLUF)

The Kerala High Court, in an order by Justice Devan Ramachandran, directed the police to provide protection to a journalist who reported receiving death threats. The threats followed a television program discussing an Islamic scholar's remarks on women's rights. The court emphasized the state's duty to protect its citizens, especially those exercising freedom of speech.

Ratio Decidendi · Legal Principle Established

The state has a constitutional obligation to protect its citizens, including journalists, from threats and violence, particularly when such threats arise from the exercise of fundamental rights like freedom of speech and expression under Article 19(1)(a) of the Constitution of India.

Practice & Procedural Impact for Advocates

Advocates representing individuals facing threats due to their professional work can seek immediate police protection orders from High Courts. Litigants, especially journalists, should document threats thoroughly to support petitions for protection.

Key Legal Takeaways

  • 1Journalists facing threats due to their reporting can seek judicial intervention for police protection.
  • 2The state has a duty to protect citizens exercising their fundamental rights, including freedom of speech.
  • 3High Courts can issue directions to law enforcement for immediate protective measures.

The Legal Issue A journalist approached the Kerala High Court seeking police protection after allegedly receiving death threats. These threats reportedly stemmed from a television program where the journalist discussed remarks made by an Islamic scholar concerning women's rights. The core legal issue was whether the state had a duty to provide protection to a citizen, particularly a journalist, whose life was threatened due to their exercise of freedom of speech and expression.

Court's Reasoning Justice Devan Ramachandran of the Kerala High Court acknowledged the seriousness of the threats faced by the journalist. The court observed that the state has a constitutional obligation to protect the life and liberty of its citizens. It was noted that the threats arose directly from the journalist's exercise of their fundamental right to freedom of speech and expression, as enshrined in Article 19(1)(a) of the Constitution of India. The court underscored that no individual or group has the right to threaten another person for expressing their views, even if those views are considered offensive by some. The court found that the police had a clear duty to ensure the safety of the journalist.

What Follows The Kerala High Court directed the police authorities to provide adequate protection to the journalist. The order mandates that the police take all necessary steps to ensure the journalist's safety and prevent any harm from coming to them. The specific nature and duration of the protection were left to the discretion of the police, based on their assessment of the threat level.

Read the LiveLaw report