In a landmark judgment, the Madras High Court (Madurai Bench) has clarified that the police do not have the legal authority to summon or interrogate a journalist without a registered First Information Report (FIR). The court struck down a notice issued by the police, terming it an abuse of the legal process.
The single-judge bench, headed by Justice Sundar Mohan, delivered the verdict while hearing a plea under Section 482 of the Criminal Procedure Code (CrPC), in which the notice issued to journalist Vimal Chinappan was quashed. The police had issued the notice under Section 35(3) of the Indian Citizen Security Code (BNSS) 2023.
The police contended that the notice was connected to a case registered in 2023, which involved alleged offences under Sections 294(b), 323, and 506(i) of the Indian Penal Code (IPC), along with certain provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, the state counsel informed the court that the investigation in that case had already concluded and the final report had been filed.
The journalist argued before the court that the notice failed to provide any specific details about the case, nor did it clarify in what capacity he was being summoned—whether as a witness, a suspect, or an accused. He contended that if any of his statements were considered defamatory, the police must first register a fresh case before exercising any right of interrogation.
The court observed that Section 35(1)(b) of the BNSS outlines circumstances under which a police officer may arrest a person without a warrant but does not confer any authority to summon or question an individual in the absence of a registered case. Consequently, the notice lacked any legal basis and was quashed.
The bench further clarified that if a new case is registered in the future, and the journalist’s presence is required under due process of law, the police may then take lawful action.
Advocate R. Karunanidhi argued on behalf of the petitioner, while government counsel K. Sanjay Gandhi represented the state.
