In a recent development, the Kerala High Court has granted anticipatory bail to Shajan Skaria, the editor-in-chief of “Marunadan Malayali,” in connection with a case filed against him under Sections 153A and 295A of the Indian Penal Code (IPC). The case pertains to alleged inflammatory content published by the news outlet that reportedly targeted a religious community.
Shajan Skaria had approached the High Court seeking anticipatory bail after an FIR was lodged against him, accusing him of publishing content that was deemed to be promoting religious disharmony and hurting religious sentiments. The FIR was filed by a complainant who alleged that the news outlet had published articles and visuals that were disrespectful to a particular religious community.
The petitioner’s counsel argued before the court that the articles in question were part of the news outlet’s effort to discuss and critique certain religious practices within the framework of journalistic freedom and public interest. It was contended that the intention behind the publication was not to create enmity or hatred between religious groups but rather to promote informed discussions on societal issues.
The High Court, while considering the matter, observed that freedom of the press is a fundamental right guaranteed by the Constitution, and responsible journalism plays a crucial role in a democratic society. The court also noted that the prima facie assessment of the content did not clearly establish any direct intent to promote hatred or communal disharmony.
Justice [Judge’s Name], presiding over the case, remarked that while freedom of expression is essential, it should be exercised responsibly and within the boundaries of law. The court emphasized the importance of preserving the harmony of society while ensuring the protection of constitutional rights.
Granting anticipatory bail to Shajan Skaria, the court directed him to cooperate with the ongoing investigation and ordered him to refrain from publishing or circulating any content that could potentially incite communal tensions or hurt religious sentiments.
The verdict has garnered attention from legal experts, journalists, and civil society members, sparking discussions on the delicate balance between freedom of the press and the need to prevent the spread of content that may lead to unrest. The case has also highlighted the significance of responsible journalism in a diverse and pluralistic society.
As the legal proceedings continue, the decision of the Kerala High Court is anticipated to set a precedent for future cases involving similar issues, defining the scope of freedom of expression and the limits of journalistic discretion when it comes to matters related to religion and communal harmony.
Author: IBC Global Times
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