Kerala High Court has quashed criminal proceedings against two journalists over a “sting operation” in connection with the alleged 2013 solar panel scam, Bar and Bench reported.   

In a plea by two journalists of Reporter TV, Justice PV Kunhikrishnan said that the press is “essential to a healthy democracy, ensuring that power is not abused” and “may occasionally have to blur the boundary of what is legal to faithfully fulfill their duty”.

The journalists attempted to record the witness inside the jail in the alleged scam case. They were booked for violating sections 86 and 87 of the Kerala Prisons and Correctional Services (Management) Act, 2010.

While quashing the case against the journalists, the court observed that sting operations conducted by media and law enforcement agencies “can be considered to be legal” on a “case-to-case basis”. “If the sting operation was conducted in good faith to find out the truth and communicate the same to the public, it can be exempt from prosecution.”

The court observed, “If the ‘sting operation’ is to find out the truth and to convey the same to the citizen, without any malafide intention, the press is exempted from prosecution for such ‘sting operation’. But the press should act with bonafides and their aim should be only to promote democracy.”

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