CHENNAI: The Madras High Court has issued a gag order to YouTuber ‘Savukku’ Shankar, temporarily restraining him from making defamatory statements against senior police officer S Davidson Devasirvatham, the Additional Director General of Police (ADGP) – Law and Order, over the Sivaganga custodial death.
Justice P Kumaresh Babu, on Friday, passed interim orders on the civil suit and applications filed by the police officer.
“A reading of the statements made against the applicant (Davidson Devasirvatham) would prima facie conclude that they have been making statements in derogatory and defamatory manner, which would affect his reputation as he is holding high office,” the judge said.
He added that Article 19(2) of the Constitution carves out a restriction to Article 19(1)(a) – freedom of speech and expression – providing protection to the citizen from being defamed.
The interim injunction will be in force for four weeks.
The judge also ordered notice to Savukku Shankar, directing him to file a reply to the petition within four weeks, and accordingly adjourned the case.
Davidson Devasirvatham moved the application praying for an order of interim injunction restraining the YouTuber, his agents, followers or representatives from publishing, broadcasting, uploading or circulating, in any manner whatsoever, in print, digital or audio-visual form, any contents containing allegedly defamatory allegations, insinuations or imputations against him with respect to the custodial death of Ajith Kumar.
Senior counsel B Aravind Pandian, appearing for Davidson Devasirvatham, submitted that Savukku Shankar has been making reckless statements allegedly imputing the reputation of the senior police officer.
He further told the court that whatever had been done by the officer was only in his official capacity and in furtherance of the duties enshrined to that role, and such unnecessary and unverified imputations made by the YouTuber and other unknown persons have caused great prejudice to him, creating doubts in the minds of the people on hearing the said statements.
He noted that the “baseless and unsubstantiated” statements by the YouTuber have an “impact on the performance” of the officer’s official duties. Therefore, an interim injunction to restrain Savukku Shankar from making allegedly defamatory statements against the officer may be granted.