Madras HC quashes YouTuber Shankar’s detention under Goondas Act
The Madras high court on Friday quashed the detention of whistle blower-turned-Youtuber ‘Savukku’ Shankar under the Goondas Act observing that the “soul of a healthy democracy lies in free speech.”
The Madras high court on Friday quashed the detention of whistle blower-turned-Youtuber ‘Savukku’ Shankar under the Goondas Act observing that the “soul of a healthy democracy lies in free speech.”
The court ordered that he should be released unless his detention is required in a slew of other cases filed against him. He was lodged at the central prison in Tamil Nadu’s Coimbatore district after being arrested on May 4 for his alleged defamatory speech against women police to a Youtube channel.
Justice S M Subramaniam and V Sivagnanam discussed at length various aspects in the case including malice by the state, balance between individual rights and public order, criticism, social media and freedom of the press. “An element of malice in the entire action is traceable through the documents furnished for issuing the impugned order of detention,” the court said, adding that his comments do not disturb public order. “There must be a real threat or apprehension of large scale disturbance in the society or amongst the people at large to invoke the term of ‘Public Disorder’.”
The court made the observations based on the habeas corpus petition (HCP) filed by Shankar’s mother against police slapping the Goondas Act on him on May 12. “The viewer has a right to know the opinions of a fellow citizen on the policies or actions of the government or any other institution working for the people. Censorship against such views is unhealthy for good governance,” the court said. “The Government can handle the social media as an effective tool to understand the grievances of a common man instead of trying to shut him down…Any human being shall be allowed to speak his personal views and opinions, A free country should always propagate free speech. Reasonable restrictions is a narrow term and be used in the most sparing way possible.”
Shankar was booked under Section 509 of Indian Penal Code (IPC) read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, Section 67 of the Information Technology Act, 2000. Subsequently he was booked for several other cases such as for allegedly character assassinating a woman journalist and alleged forgery of tender documents of the Chennai Metropolitan Development Authority (CMDA). The court pointed out the inordinate delay in registering the woman journalist’s complaint after 6 years and inconsistencies in other complaints.
Quoting Rabindranath Tagore that people should be able to speak their mind without fear, the court set aside the detention order under Goondas. “If the State Machinery starts hunting down each and every views and opinion, the voices will neither be brought down nor will this yield any viable result,” the court said. “The beauty of our democracy lies in the Constitutionally guaranteed freedom and when the State Machinery themselves starts stifling with litigations, the people lose a faith in the democracy.”
On May 4, a division bench of the Madras HC quashed the Detention Order taking the view that an opportunity must be afforded to the State to file counter affidavit. The case was referred to a third Judge by the Acting Chief Justice. The Third Judge passed an elaborate order and permitted the State to file counter affidavit in the Habeas Corpus Petition and held that the matter is to be reheard by the Division Bench which deals with HCPs. The petitioner approached the Supreme Court which disposed of the matter with a direction to the Madras HC to hear the case as expeditiously as possible and granted interim bail to Shankar.