The Kerala High Court refused to give anticipatory bail to Shajan Skariah, founding editor of the online news channel Marunadan Malayali, in a case of broadcasting allegedly derogatory news about Kunnathunad Member of Legislative Assembly (MLA) PV Sreenijin. Shajan, who is also the publisher of the Youtube channel, had filed an appeal at the court after his anticipatory bail was rejected by a Special Court earlier.
High Court judge VG Arun, who heard the case, said that there are insults intended to humiliate MLA Sreenijin in the concerned video posted by Marunadan. Allegations made by the channel against Sreenijin include murder and "insinuation against" Sreenjiin's father-in-law, and "aspersions on unnamed judicial officers". The MLA had also been called a "Mafia Don" in the said video, the judge noted.
Justice Arun also said, "Going by the wording of Section 3(1)(r) (of the SC/ST Act), reference to the caste name of the victim is not necessary for attracting the offence."
The news piece also alleged mal-administration of Ernaklam District Sports Hostel, by the MLA who was chairman of the District Sports Council, a post that he had recently been relieved of.
While denying the bail, the court also made this observation about journalism, writes LiveLaw: "The four W's of journalism that used to guide journalists in their reporting and helped in ensuring accuracy and completeness of news stories are: Who, What, When and Where. The four W's and sometimes the fifth “Why” used to serve as a framework for journalists to gather information. Videos like the one under consideration makes one wonder whether the W's have been replaced with D's; Defame, Denigrate, Damnify and Destroy."
The Special Court which earlier rejected Shajan's bail plea noted that he had knowledge about the MLA belonging to a scheduled caste, and therefore, could attract the offence under the SC/ST Act. The prosecution had said that Shajan's channel telecast news about Sreenijin that was false and defamatory.
Shajan said that he had removed the video from publication after the First Information Report was filed against him in the case.
In May, actor Prithviraj Sukumaran also said that he would file a defamation case against Shajan for allegedly spreading false information about him as having paid Rs 25 crore to the Enforcement Directorate. The actor wrote, “I usually tend to ignore these because terms like 'ethical journalism’ are fast becoming redundant in the times we live in. But there is a limit to propagating absolute lies in the name of ‘news’. This is a fight I intend to see through to the end. Filing civil and criminal defamation charges.”