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SC allows reopening of YouTube channel shut for carrying Savukku’s interview
The YouTube channel that aired scurrilous interviews against politicians, judges and women police officers in Tamil Nadu, was directed to be shut down by the Madras HC
The Supreme Court on Friday directed resumption of the YouTube channel that aired scurrilous interviews against politicians, judges and women police officers in Tamil Nadu, which was directed to be shut down by the Madras high court as part of a condition for granting bail to the channel host Felix Jerald.
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said, “Why do you host such scurrilous interviews against judges and women police officers. Why do you have to do this?”
Senior advocate Gopal Sankaranarayanan appearing for Jerald said, “I agree it may demoralise women police officers. But to put this as a bail condition that you must close this channel cannot be sustained.” He said that the content of the interviews was scurrilous but it raised a larger issue of freedom of speech and expression which the court seeks to protect.
The bench, also comprising justices JB Pardiwala and Manoj Misra, agreed to consider this question by issuing notice to the state government on the petition challenging the July 31 Madras high court order. Posting the matter on September 27, the bench said, “Pending further orders, the condition imposed for closure of YouTube channel shall remain stayed.”
The court, however, asked the petitioner to comply with other conditions contained in the bail order. One of these conditions required him to file an undertaking before the trial court that he would not indulge in similar type of activities in future.
Jerald told the court that his YouTube channel “Red Pix 24X7” was a news channel aired on internet having 2.6 million subscribers since its launch in 2014. Even in the past, Jerald had faced criminal cases over his other interviews for airing derogatory content against politicians and police officers. In May, he interviewed Savukku Shankar, an investigative journalist, in which scurrilous allegations were levelled against women police officers.
The state had detained Shankar following the interview under the Goondas Act. Along with Shankar, even Jerald faced criminal cases under various offences of the Indian Penal Code, Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 67 of the Information Technology Act.
Shankar faced 16 FIRs in the state and the top court has granted him protection from arrest in all these cases. On August 9, the Madras high court had set aside Shankar’s detention order paving way for his release. However, on August 12, the state government issued a fresh detention order arresting Shankar in a narcotics case. Against this order, Shankar has filed a petition which is pending in the top court. He has also sought clubbing of the FIRs against him at one place in the state.
