The Supreme Court, on Monday, July 10, put a stay on the arrest of Shajan Skariah, the editor of popular Malayalam news portal and YouTube news channel Marunadan Malayali. He was on the run for several days after a lower court and the Kerala High Court turned down his anticipatory bail plea. He was booked by the Kerala police for airing a news item that contained “derogatory and defamatory” information about CPI(M) Kunnathunad MLA PV Sreenijan.
"Pending further orders, there shall be stay on the arrest," ordered the SC bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha while issuing notice on the special leave petition filed by Skariah, challenging the Kerala High Court's rejection of his anticipatory bail plea.
Skariah ran into trouble after CPI(M) legislator PV Sreenijan filed a case alleging that the online portal made derogatory remarks against him, which come under the SC/ST Act. Sreenijan is the son-in-law of retired Supreme Court Chief Justice K Balakrishnan.
The apex court, while hearing Skariah's petition, directed that a notice be served to the Kerala government as it listed the case for next hearing after three weeks. “His (Skariah's) statements may be defamatory, but these are not offences under the SC/ST Act. He may have said something against the father-in-law (of the complaint), judiciary etc., which may be in bad taste," the CJI said.
Soon after the Kerala High Court refused to stay the lower court‘s denial of anticipatory bail to Shajan, the Kerala Police got into the act and conducted raids across his offices and even at the homes of people close to Skariah. The police also confiscated 29 computers from his office, and asked the staff not to open the facility. The act of the police drew criticism from most political parties, and numerous social and cultural personalities.
In a related development, the Kerala High Court on Monday came down heavily on the police probe team for confiscating the mobile phone of another journalist to find the whereabouts of Skariah, even when there was no charge or case against the former.