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HC delivers split verdict on legality of Savukku’s arrest
Madras HC delivers split verdict on whistleblower Savukku Shankar's detention under Goondas Act. Case to go to third judge appointed by acting CJ R Mahadevan.
Madras high court on Friday delivered a split verdict in the case of whistleblower-turned-YouTuber Savukku Shankar where justice G R Swaminathan quashed his detention under the Goondas Act while justice P B Balaji differed. Now, the matter will go to a third judge to be appointed by acting chief justice R Mahadevan.
This was based on a habeas corpus petition filed by Shankar’s mother challenging his detention under the Goondas Act. The Greater Chennai Commissioner of Police Sandeep Rai Rathore had booked Shankar under the Goondas Act on May 12 after he was arrested by the Coimbatore police in Theni on May 4 on charges of defaming women police officers.
Justice Swaminathan quashed it on the grounds that there has been “non-application of mind” in detaining him under the Goondas Act. Justice Balaji who shared the division bench with him said that the merits of the habeas corpus petition should be decided after giving the state government an opportunity to file a counter affidavit.
However, both judges were of the opinion that he must be shifted out of the Coimbatore because Shankar’s mother had filed another habeas corpus petition complaining that he faced custodial violence.
The Goondas Act against Shankar was invoked on the complaint of an officer of the Chennai Metropolitan Development Authority (CMDA). The Goondas detention order has been served to him in the Coimbatore prison.
“There are seven cases including the aforementioned case are pending against Shankar @ Savukku Shankar in the CCB/Cyber Crime PS of the GCP, out of which 3 cases are Under Investigation, charge sheets have been filed in 2 cases, the remaining two cases are Pending Trial,” the Chennai police said on May 12.
Shankar’s mother A Kamala had contended in her petition that her son was facing this because he is a strong critic of the state government and the police. She added that the police broke her son’s right arm in the Coimbatore prison.
The Madras high court on May 8 directed the Coimbatore district legal services authority to submit a report on the health condition based on the first habeas corpus petition filed by Shankar’s mother that he is facing custodial violence.
On May 9, the high court closed the petition filed by Shankar’s mother after directing the prison authorities to consider her representation for shifting her son from Coimbatore central prison to any other prison since she complained of custodial violence and feared threat to his life.
On May 16, Shankar was then taken to Mahatma Gandhi memorial government hospital (MGMGH) for medical examination ahead of police custody obtained by the Trichy police for one day. Shankar has moved the principal special court for essential commodities (EC) and NDPS Act cases in Madurai seeking bail. However the local court on May 21 granted police two days custody to interrogate Shankar.
