The Madras High Court, on Friday, May 24, passed a split verdict in the case challenging YouTuber ‘Savukku’ Shankar’s detention under the Goondas Act. While Justice GR Swaminathan quashed the detention order, Justice PB Balaji dissented. The acting Chief Justice R Mahadevan will now nominate a third judge who will hear the case afresh. Both the judges, however, ordered that Shankar be shifted from Coimbatore Central prison to Puzhal prison. The bench was hearing two petitions filed by Shankar’s mother, A Kamala, a habeas corpus petition challenging Shankar’s detention under the Goondas Act and the other one seeking an inquiry by the National Human Rights Commission (NHRC) into the alleged custodial violence against him at the Coimbatore prison.
Justice Swaminathan, while quashing the order, observed that the YouTuber was arrested in five cases when the detention order was passed and that there was no chance of him coming out prompting a detention. He also added that Shankar's actions were not prejudicial to the maintenance of public order. Justice Balaji differed with the order stating that the police must be given time to file a counter affidavit in the case.
Earlier during the day, when the court was hearing the case, Justice Swaminathan observed that when the detention order was passed on May 12, Shankar was arrested in five cases without any imminent possibility of obtaining bail. “Yet, this fact had not been reflected in the order,” he said while adding the order could be quashed on this sole ground. The bench also directed NHRC to take cognisance of a complaint by Kamala alleging custodial violence and decide the issue within four months.
The bench admitted the petitions on May 23 and asked the Commissioner of Police Sandeep Rai Rathore to submit the entire file related to how the Goondas Act was invoked against the YouTuber. The court also directed Shankar to submit a statement on how he will conduct himself as a YouTuber in the future.
The court also expressed displeasure that Shankar referred to Chief Minister MK Stalin in “highly disparaging terms” and said they “do not approve of such conduct.” Further, stating that the dignity of women was ‘paramount’, the court orally observed, “He has crossed a limit while making the statements. He had even made disparaging remarks against the Chief Minister. Therefore, there has to be a list of don'ts. We need to know how he will carry himself in the future as a YouTuber.”
Kamala, in her habeas corpus petition, had alleged that “certain government authorities” and the “present ruling party” had acted together to “wreak out their vengeance” against Shankar. She also alleged that the detention was with “mala fide intention” and “completely motivated” and that new cases were being filed against him every day. Stating that he has health issues, she sought the court to order the temporary release of Shankar for one month.
Shankar’s mother had earlier filed a habeas corpus petition on May 6 at the Madras High Court alleging that he was assaulted in jail. Meanwhile, Shankar had also approached a Coimbatore court with the allegation of assault in jail, and the court directed the Coimbatore District Legal Services Authority (DLSA) to visit him in prison and submit a report on his health condition. Justices AD Jagadish Chandira and R Kalaimathi also directed the Coimbatore DLSA to submit the report at the HC. The matter was disposed after the DLSA conducted the inquiry.
Shankar was arrested on May 4 for making disparaging remarks against the women police personnel in the state. He has been booked for several offences, including stalking, possession of ganja, forgery, and harassment of women.
