Pranav B Prem

The Kerala High Court on Monday granted interim anticipatory bail to Arun Kumar K, Consulting Editor of Malayalam news channel Reporter TV, and its Sub-Editor (Digital), Shabas Ahmed S, in connection with a case alleging the inappropriate representation of a minor girl during a televised skit.

Justice P.V. Kunhikrishnan, while passing the interim order, sought a response from the State on the anticipatory bail plea and questioned the necessity of registering the case, especially when neither the minor girl nor her parents had filed a complaint.

"The victim has no complaint. Parents have no grievance. Is it for publicity?" the judge asked, while adding that the petitioners had made a prima facie case for bail. The court further observed, "He (the accused) is a journalist; why should you trouble him? If arrested, he will be released on bail." Senior Advocate Vijay Bhanu represented the petitioners in the case.

Background of the Case

The case revolves around a skit telecast by Reporter TV on January 6 during its coverage of the Kerala State School Youth Festival. The skit featured a minor girl participating in an Oppana competition, a traditional Muslim wedding dance. In the skit, Sub-Editor Shabas Ahmed interacted with the minor participant, dressed as a bride (manavatti), and commented on her appearance while romantic music from the movie Ustad Hotel played in the background.

On January 8, Arun Kumar hosted a TV segment where he discussed the skit with Ahmed and another reporter. During this interaction, Kumar remarked that it would be better for Ahmed and the minor girl not to meet again. Reporter TV later removed these segments from its platforms.

Subsequently, the Director of the Department of Women and Child Development lodged a complaint against three employees of Reporter TV under Sections 11(i) and 12 of the Protection of Children from Sexual Offences (POCSO) Act and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Petitioners' Arguments

Arun Kumar and Shabas Ahmed filed for anticipatory bail, asserting that:

1. The skit was scripted and telecast with the consent of the minor girl, her parents, and her teachers.

2. It was created purely for entertainment to reflect the cultural essence of the Youth Festival and lacked any sexual intent.

3. Kumar's remark during the January 8 segment was misconstrued and deliberately manipulated to appear suggestive, which the petitioners denied.

The plea further contended that the case was politically motivated, as Reporter TV is known for its critical stance on prominent political parties. It argued that the allegations were baseless and aimed at tarnishing the channel's reputation. The petition was filed through Advocates P.K. Varghese, M.T. Sameer, Dhanesh V. Madhavan, Jerry Mathew, Reghu Sreedharan, and Devika K.R.

Court's Observations and Order

Justice Kunhikrishnan noted that the maximum punishment under Section 12 of the POCSO Act is less than three years and that the victim and her parents had no grievances. The Court stated that the petitioners were entitled to interim bail and directed that if arrested, they should be released upon executing a self-bond. The matter has been posted for further hearing on February 3, 2025.

Cause Title: Arun Kumar K & anr v. State of Kerala

Case No: BAIL APPL. NO. 778 OF 2025

Date: January-20-2025

Bench: Justice P.V. Kunhikrishnan

[Read/Download order]