Kerala High Court questions POCSO case against Reporter TV journalists

The Kerala High Court on Monday granted interim anticipatory bail to Arun Kumar K, anchor of Malayalam news channel Reporter TV, and its sub-editor (digital) Shabas Ahmed S in connection with a case registered over an allegedly inappropriate representation of a minor girl during a televised skit [Arun Kumar K & anr v. State of Kerala]..Justice PV Kunhikrishnan passed the interim order today and sought the State's response to the anticipatory bail plea.The judge also questioned why the two journalists were booked in the first place, when neither the minor girl nor her guardians had any complaint. "The victim has no complaint. Parents have no grievance. Is it for publicity?" he asked. He went on to observe,"He (accused) is a journalist, why should you trouble him? Prima facie, a case is made out by the petitioner. If arrested, he will be released on bail.".Senior Advocate Vijay Bhanu represented the two petitioners..The two journalists had been booked under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) on allegations that a minor girl, who was featured in a mock skit broadcast by Reporter TV, was indecently portrayed.The tele-skit was aired by Reporter TV on January 6, during the news channel's coverage of the now-concluded Kerala State School Youth Festival.The skit featured a girl who was participating in an Oppana (a traditional dance played during Muslim weddings) competition. Shabas Ahmed was seen interacting with the Oppana participant, who was dressed as the 'manavatti' (bride). Ahmed was depicted as calling out to the participant to tell her that she looked good as the manavatti in the Oppana, while romantic music from the film Ustad Hotel played in the background..After this skit was telecast, Kumar hosted a TV segment on January 8 where he interacted with Ahmed and another reporter. During the segment, he asked Ahmed whether he had met the minor girl again. When Ahmed said he had not, Kumar was seen replying that it was better for both Ahmed and the minor girl that they do not see each other again. .These TV segments were later removed by Reporter TV from its platforms. In the meanwhile, the Director of the State's Department of Women and Child Development filed a POCSO complaint against three Reporter TV staff, including Kumar and Ahmed. The Cantonment police in Thiruvananthapuram registered a case citing charges under Sections 11(i) and 12 (sexual harassment) of the POCSO Act and Section 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023 (BNS).Kumar and Ahmed then sought anticipatory bail in this case, contending that the skit was a purely scripted one which was telecast with the consent of the minor girl as well as her parents and teachers. .Their plea adds that the skit was created solely for entertainment, to reflect the cultural spirit of the Youth Festival. They have asserted that the skit lacked any sexual intent, contrary to the complaint's claims. The plea adds that Kumar's remarks on January 8 have been misconstrued. "He said that it was better for the two of them to not see each other again. This particular remark was deliberately manipulated and misinterpreted to give it a sexually suggestive connotation. However it is pertinent to note that there is nothing in the said conversation in order to attract an offense under the POCSO Act," the petition said..The petitioners have also contended that the case filed against them is politically motivated, given the news channel's critical stance on major political parties. They maintained that the allegations against them were baseless and that the case was registered only to tarnish Reporter TV's reputation.The plea was filed through Advocates PK Varghese, MT Sameer, Dhanesh V Madhavan, Jerry Mathew, Reghu Sreedharan and Devika KR..[Read Order]