CPIM hypocrisy? HC slams Kerala Police as CM Vijayan attacks Centre over NewsClick raid

The High Court on Thursday, October 5 criticised the Kerala Police's action against the Malayalam Online Portal Marunadan Malayali for seizing its equipment based on a defamation case filed by CPIM MLA PV Srinijan. The bench of Justice P V Kunhikrishnan after reviewing the reasons for the confiscation of equipment from the online portal stated it as 'unacceptable'. 

"The case is to be proved on oral evidence. I do not know why the entire equipment of this channel is seized by police in this connection," the judgement copy, accessed by Republic TV stated.

The YouTube channel portal office in Thiruvananthapuram and Kochi was raided on July 3 after a complaint lodged by the MLA that Marunadan Malayali Editor Shajan Skaria had intentionally humiliated him by making false allegations and accusations through a video uploaded on the online news channel. The raid followed after SC/ST atrocity act was also slapped in the case which was subsequently quashed by the High Court. 

In the court, the counsel on behalf of the police reasoned that sterile hard disks need to be bought by the department at a cost of Rs 1.7 lakhs to which data needs to be transferred. This procedure was cited as a reason for holding the equipment of the online channel.

The court further questioned the need to confiscate computer monitors and cameras and directed the police to examine the material one after the other instead of seizing the entire equipment. 

"The police authority will immediately at any rate within one week release the monitor and cameras kept in the police station," the order stated.

Kerala CM Vijayan condemns Delhi Police's action against News & journalists linked to it

Interestingly, the court pointing out the case of curtailing media freedom came at a time when Kerala Chief Minister, in a statement, condemned Delhi Police action of raids on an online news portal News which is under investigation for an alleged terror case with a Chinese link. 

In a statement, Vijayan on October 4 said alternative media outlets like News focussed on subjects often ignored by mainstream media outlets.

He went on to say, ''Their journalists often highlighted unpalatable facts that discomfit the union government. The police raid on News offices was the latest episode in the institutionalised efforts to gag independent media.''

Vijayan demanded that the police review the case against News. "The Central government should uphold media independence and promote independent reporting," Kerala Chief minister said.

Reacting to the development, Editor-in-Chief of Marunadan Malayali responded to the hypocricy of the left government. 

"Pinarayi Vijayan or the CPIM has no moral standing to give a lecture to the Union government on actions it has taken against News where the allegations are so grave. I am appalled to see the hypocrisy of the chief minister to condemn action against 'alternative news portal'," he stated. 

"The Kerala government has been holding me consistently for many months. Entire equipment including computer monitor was taken. The CPIM MLA PV Anwar stood outside my office, ed a picture and put it out on social media, threatening he would shut down the office. Thiruvananthapuram Corporation tried to evict me out of my office. Several fake cases were filed across Kerala in a bid to curtail the channel's work. Stringer media offices in Kasargode were raided and their equipment taken just for providing my channel with visuals. A mobile phone of a journalist working in print medium was confiscated for providing me news information. Raids on my employees were conducted in the dead of the night and their personal equipment was taken," he elaborated. 

"Pinarayi Vijayan is a real Fascist," he added stating that if News is indeed guilty, it must be probed as the charges are so grave and it's about national security. "Allegations must be backed with credible evidence as well," he pointed out. 

But the BJP leadership feels the raids on News and Marunadan Malayali cannot be equated. "Here media freedom is curtailed when stories critical of the chief minister are published. On the other hand, the action against News is because it is a cause of national security. It is not a criticism of an individual or a party that resulted in the raid of News," stated BJP spokesperson Sandeep Vachaspati. "Pinarayi Vijayan is hiding behind a facade of righteousness," he added.

Republic TV spoke to CPIM Rajya Sabha Member John Brittas for his comment. Brittas, a leading media person in Kerala and Managing Director of CPIM-backed Kairali TV, however, stated that he does not want to respond on this matter at the moment.