HC stays Kerala police move to demand source, mobile phone of journalist who reported PSC data breach
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Kochi: The High Court of Kerala on Tuesday stayed the Kerala Police's proceedings to compel a journalist who reported on the data breach in the Kerala Public Service Commission (PSC) to reveal his source and give up his mobile phone for investigation.
Justice K V Jayakumar gave interim relief to 'Madhyamam' reporter Aniru A L for two weeks, said his counsel Adv Ameen Hassan.
The daily had in July reported that login credentials, such as usernames and passwords, of 65 lakh PSC candidates were available for sale on the dark web, where unindexed, encrypted websites are hosted. Later, the newspaper published a note from the PSC agenda that confirmed the report.
According to the note, the Kerala Police Dark Web Investigation Team had uncovered the data breach, and the State Police Chief, in his report to the PSC, confirmed that the credentials available on the dark web were authentic. The note further said that the State Police Chief advised the PSC to implement a two-factor authentication, such as OTP, to secure candidates' profiles, which included personal information such as names, dates of birth, qualifications, and caste.
Based on a complaint filed by the PSC secretary Saaju George, the Crime Branch Central Unit-I registered a case and launched an investigation. Crime Branch Deputy Superintendent of Police (DySP) G Binu issued a notice directing the reporter to appear before him on December 21, warning of penal proceedings under Section 208 of the BNS in case of non-compliance.
Aniru appeared before the officer on the said date and provided all the relevant information, said Adv Ameen Hassan. However DySP Binu sent another notice to the reporter, saying the image of the agenda mentioning the DGP's report was highly confidential. He demanded the disclosure of his source and the submission of his mobile phone within 48 hours of receiving the notice.
The officer threatened action under Section 210 of the Bharatiya Nyaya Sanhita (BNS), which prescribes up to one month’s imprisonment and a fine of up to Rs 5,000 for failing to produce documents or electronic records when legally required.
The editor of the media house O Abdu Rahiman wrote back saying the notices were "an abuse of power" and an attempt to intimidate journalists. "I wish to inform you that in the interest of journalistic integrity and public welfare, we cannot disclose the source of the news report. This principle is well-established and aims to safeguard the independence and safety of journalists."
The reporter approached the High Court on December 30 seeking to quash the notices sent by Kerala Police. "The court stayed the police proceeding against the journalist. The order is of public importance," said Adv Ameen Hassan.
When contacted, DySP Binu said he was not investigating the data breach at PSC. "My inquiry is solely about how the confidential PSC agenda was leaked, which is why I asked the reporter to disclose the source of the image not the source of the news,” he told Onmanorama.