On Friday, the Madras High Court annulled the detention of YouTuber Savukku Shankar under the Tamil Nadu Prevention of Dangerous Activities Act, 1982, which covers offenses by bootleggers, drug offenders, goondas, immoral traffic offenders, forest offenders, sand offenders, slum-grabbers, and video pirates.
A Bench consisting of Justices SM Subramaniam and V Sivagnanam granted the habeas corpus petition filed by Shankar’s mother. In their ruling, they stated:
“We have addressed issues related to malice, freedom of speech, and freedom of the press. It is essential at this time. The habeas corpus petition is allowed, and the detention order is set aside. The detainee is to be released immediately unless required in another case.”
Shankar’s mother, Kamala, had contested his preventive detention. Shankar was detained by the Tamil Nadu Police in May this year, following accusations that he made defamatory remarks about women in an interview with another YouTuber, Felix Jerald.
Shankar was recently released from detention on the orders of the Supreme Court, pending the final decision on Kamala’s plea by the High Court.
The case before the Madras High Court has seen several developments, beginning with a verdict on May 24, where a vacation bench of Justices GR Swaminathan and PB Balaji delivered a split verdict. Justice Swaminathan ruled Shankar’s detention illegal and overturned it, noting in open court that he had been warned by two highly placed individuals against passing such an order.
However, Justice Balaji refrained from issuing any order, stating that the police should be allowed to file a counter affidavit before deciding the case on its merits.
The matter was then transferred to a regular bench hearing habeas corpus petitions. That bench, comprising Justices MS Ramesh and Sunder Mohan, also recused itself from the hearing, citing objectionable remarks made by Kamala against the court in a transfer petition filed before the Supreme Court. Although the transfer petition had been withdrawn by the time the bench led by Justice Ramesh began hearing the plea, they decided to recuse themselves from the case.
Finally, the case was assigned to the current bench led by Justice SM Subramaniam.
