The Supreme Court on Friday, October 25, said that a police officer’s defamatory statements about two minor victims of rape would not constitute an offence, if he was unaware that his comments would be telecast. Nevertheless, the journalist should be prosecuted for putting out the statement, the court said.
The court was hearing an appeal to the recent Kerala High Court judgement quashing the criminal case lodged against Superintendent of Police (SP) MJ Sojan. He was the former investigating officer in the Walayar case in which two minor sisters were sexually assaulted and murdered in Palakkad. It was the children’s parents who moved the Supreme Court challenging the High Court order.
The case against Sojan pertained to his comments against the deceased minors that were aired by 24 News, a Malayalam news channel.
In a telephonic interview with reporter Shanoob Meerasahib of 24 News, Sojan, who was then a Deputy SP, made objectionable comments, casting aspersions on the characters of the girls, who were only 13 and nine at the time of their death. The interview was aired on January 13, 2019. Following this, the children's mother lodged a complaint against the police officer.
The court acknowledged that Sojan’s comments were objectionable, even saying, “Ethically and morally, it could be a good ground to dismiss him from service.” Nevertheless, it observed that the comments in themselves do not constitute an offence in the eyes of the law. The court added that if Sojan knew that his comments would be telecast, that points to a lapse on his part and could constitute an offence.
On the other hand, the court insisted that the journalist should be prosecuted for airing Sojan’s comments. “When the comments are published by the media, it becomes an offence and the person who put it out should be held liable,” the court said.
Section 23(1) of the Prevention of Children from Sexual Offences (POCSO) Act, under which Sojan was booked, prohibits any person from putting out reports or comments on a child in the media without having complete and authentic information.
When the case came to the High Court, it was quashed on the grounds that when making the comment, the police officer did not know that it would be telecast. The High Court had also stated that the police can decide whether or not to book the journalist.
The Walayar case that shook Kerala took place in 2017. Within a gap of two months, two sisters were found dead inside their family’s one-room house in Walayar in Palakkad district. After their post mortem, it was found that both girls had been sexually assaulted.
The Supreme Court said that a detailed hearing will be held in January 2025.