The court observed that none of the offences against Shankar disclosed any serious threat to the public order.
Published Aug 09, 2024 | 3:57 PM ⚊ Updated Aug 09, 2024 | 3:57 PM
YouTuber 'Savukku' Shankar (Supplied)
The Madras High Court on Friday, 9 August, set aside the detention of YouTuber Savukku Shankar under the Tamil Nadu Preventive Detention Act — commonly called the Goondas Act.
The Coimbatore Cybercrime Police had registered a case and arrested Shankar for defaming women constables and other police officers.
Subsequently, a case was registered against him in 16 police stations across Tamil Nadu like Chennai, Kanyakumari, Dindigul and Nilgiris for the same charge.
The police had also registered a case against Savuku Shankar on other charges.
A bench of Justices SM Subramaniam, and V Sivagnanam who heard the habeas corpus petition on Friday, filed by Shankar’s mother Kamala, overturned the order of imprisonment of Shankar under the Goondas Act and mentioned in the judgment that “Savukku Shankar can be released immediately if it is not required in other cases”.
The court observed that none of the offences against Shankar disclosed any serious threat to the public order.
“Allegation or remarks made against individuals cannot constitute a threat to ‘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’. This Court does not find merit in the Detention Order issued by the 2nd respondent. Therefore there are serious doubts in the detention of the detenu in the present case as there is no sufficient ground to establish the breach of public order,” the court said, reported LiveLaw.
During an earlier hearing of this case, the bench had noted: “There was no harm to the public peace due to the opinion of Savukku Shankar. he argued that they have been jailed under the gangster law based on false information.
However, the council representing the state police had maintained that Shankar was booked under criminal law to stop him from making defamatory comments.
Responding to that the bench said: “Even though what Savukku Shankar said is reprehensible and he can be prosecuted and punished for it, it is wrong to imprison him under the goondas law. Criticisms against police, courts and judges are made in films also. Should we take action against everyone?”
“Not only that, if we use the Detention Act introduced during the British rule, it will take us back to British domination,” the court observed.
Based on the orders of Greater Chennai Commissioner of Police Sandeep Rai Rathore, the detention order under the Goondas Act was served on Shankar by a cyber crime (Chennai) police inspector on 12 May.
There are seven cases pending against Shankar in Chennai police’s central crime branch/cyber crime out of which three are under investigation, charge sheets have been filed in two and the remaining are pending trial, according to a Chennai police press note.
Shankar (48) was arrested by Coimbatore police on 4 May in southern Theni for alleged derogatory statements about women police personnel/police officials in an interview on a YouTube channel.
Other cases Shankar faces include one for possession of ganja, which was registered by Theni police. The YouTuber had submitted in court that he was assaulted in Coimbatore prison.
A detenu under the Goondas Act may be imprisoned for one year, subject to scrutiny by an advisory board and the validity of such detentions is also examined by the high court based on petitions filed by the affected persons.
Shankar, who has been accused by a number of people of making personal attacks and uncivil remarks is also a strong critic of the DMK regime and Chief Minister MK Stalin.
A former special assistant in the Directorate of Vigilance and Anti-Corruption, the YouTuber was accused in 2008 of leaking sensitive conversations between officials and a court had years later acquitted him in that case.
(Edited by Muhammed Fazil)
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