CHENNAI: The Madras High Court on Friday delivered a split verdict on the legality of the detention of jailed YouTuber ‘Savukku’ Shankar under the Goondas Act in the wake of his arrest in five different cases including the ones relating to denigrating women police personnel in an interview and possession of ganja.
Justice GR Swaminathan, who was presiding the division bench, quashed the detention order on the grounds of procedural lapses as he termed ‘non-application of mind’ by the authority concerned, the Greater Chennai Police Commissioner, in approving the detention order in a hurry. He also held that Shankar’s activity is not a threat to the public order, warranting the detention under the Goondas Act.
The dissenting judge PB Balaji underscored the need for granting time for the prosecution to file counter-affidavit before hearing the case as per the usual practice.
The split verdict was passed on a habeas corpus petition (HCP) filed by the YouTuber’s mother A Kamala seeking to quash the detention order passed on May 12, 2024.
Even as the arguments were under way, Justice Swaminathan made it clear what was in store as he pointed out that even without the detention under Goondas Act, the detenu has little chance to walk out of the prison as five cases were already booked against him, including the one on possession of ganja.
He pointed out the proposal for the detention by the Inspector of Central Crime Branch of Greater Chennai Police on May 12 and the lightning speed with which the Assistant Commissioner, Deputy Commissioner endorsed it before the final approval by the Commissioner.
Attempt to influence judge
Justice Swaminathan revealed that influential persons had tried to wean him away from hearing the case. He said that was the reason for his decision to take up the case and conduct final hearing.
Transferring to Puzhal
Though differing on the main contentions, both the judges consented in issuing a direction to the Tamil Nadu Prisons DGP to shift Shankar from the Coimbatore Central Prison to Puzhal where he was brought on Thursday night.
Since a split verdict was delivered, the matter will now be assigned to a third judge to take a call on the legality of detention.
Tearing hurry questioned
Two persons- journalist Sandhya Ravishankar and founder of Tamilar Munnetra Padai Veeralakhsmi, filed petitions seeking to implead. Senior counsel S Prabakharan, appearing for Veeralakshmi, questioned the ‘tearing urgency’ behind expediting the hearing of the HCP while there were so many other petitions craving for attention.
Accusing Shankar of deliberately denigrating the judiciary, the police and the executive, he said the YouTuber is adopting strategies of blackmailing and threatening. He called upon the judges to deal with the case with an ‘iron hand’.