On Wednesday, a Delhi Sessions Court ordered the release of editors’ and journalists’ electronic devices, citing that their continuous seizure causes ‘undue hardship’ and impinges upon their fundamental right of freedom of profession and speech. The court’s order comes in response to the Delhi Police’s seizure of electronic devices belonging to media outlet, The Wire.
The confiscation by the Delhi Police was a result of a police report lodged against The Wire, following a complaint made by Amit Malviya, the Bharatiya Janata Party’s (BJP) social media chief. Malviya alleged that the news stories published by The Wire were incorrect and defamatory.
The police report (FIR) was registered under several sections of the Indian Penal Code, including sections dealing with charges of cheating, forgery, defamation, and criminal conspiracy.
In September, a Delhi magistrate permitted the return of the seized devices, emphasising that the investigating officer could not retain them indefinitely based on uncertain expectations of future discoveries. This decision was contested by the Delhi police, resulting in a further hearing in the Sessions Court.
The Sessions Court found the petition contesting the magistrate’s orders to be not maintainable, noting that the magistrate’s decision was interim and could not be revised. The court also highlighted the importance of preserving press freedom, describing the press as the fourth pillar of democracy.
This case coincides with a recent comprehensive action by the Delhi Police, where they carried out raids at the homes and workplaces of several journalists.