SC asks TN why YouTuber Shankar detained again after release, lists plea on Sep 2

New Delhi: The Supreme Court Friday asked the Tamil Nadu government to apprise it on September 2 of the reasons behind well-known YouTuber Savukku Shankar's detention just after being released in connection with several criminal cases.

The top court, however, said it cannot club the FIRs if the incidents are separate and "distinct".

A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra adjourned the hearing on the plea of the jailed YouTuber to September 2, the next date of hearing.

"The distinct (FIR) one we will not club. Take a look at the detention order and tell us as to why one day he is released and then again detained," the CJI told senior advocate Mukul Rohatgi, appearing for the Tamil Nadu government.

"Let me come back on Monday," Rohatgi replied.

Observing that 15 FIRs have already been clubbed, the bench said it will prima facie consider the aspect of fresh detention of the accused by the state government under the Goondas Act.

"You (Rohatgi) examine whether 15 FIRs are related to one interview. We will see on Monday," the bench said and asked both sides to submit brief notes.

The state government, at the outset, alleged that Shankar has said that all Madras High Court judges are corrupt and it was not a case where the top court should step in. He has also been speaking against women police officials, Rohatgi said.

Senior advocate R Balasubramanian, appearing for Shankar, opposed the submissions of Rohatgi and said 51 per cent of total detenues in the country come from Tamil Nadu every year and this shows the "rampant misuse" of the Goondas Act.

Shankar has challenged his fresh detention by the state police, besides quashing the FIRs in the top court.

The top court initially asked the accused to approach the high court.

"The moment I go to the high court, the state will take time," the counsel for the accused said.

"That cannot be a reason for us to exercise powers," the CJI said.

Shankar (48) was arrested by the Coimbatore Police from southern Theni on May 4 for alleged derogatory statements about women police personnel in an interview on the YouTube channel "RedPix 24x7" on April 30, which led to several FIRs against him.

Besides these cases, the YouTuber also faces a case lodged by the Theni Police for the alleged possession of 'ganja'.

Shankar was released in pursuance of orders of the apex court and the Madras High Court. However, he was detained again by the state police on August 12.

The high court had on August 9 set aside the Chennai City Police commissioner's order to detain Shankar under the Goondas Act. It had also directed that the YouTuber, lodged in the Coimbatore Central Prison, be set at liberty forthwith if he was not required in any other case.

The top court had on July 18 ordered his interim release.

On August 14, it took note of the submissions of the accused that Shankar was arrested by the Tamil Nadu Police again, even after the top court and the high court had ordered his release.

Shankar alleged that the state police had been filing false cases to arrest him and subject him to custodial torture.

Allowing a habeas corpus petition filed by Shankar's mother A Kamala, the high court had directed him to be set free if he was not required in any other case.

Setting aside the detention order dated May 12, a division bench of the high court had said, "We have arrived at an irresistible conclusion that the impugned order of detention is not in compliance with the essential requirement and ingredients as contemplated under Act 14 of 1982. Thus, the detention order issued by the Commissioner of Police is set aside."

The high court had said the detaining authority had registered both adverse complaints on the same day -- May 7. One complaint was registered after the lapse of nearly six years, whereas the other was pertaining to alleged derogatory remarks against women police officers.

"The beauty of our democracy lies in the constitutionally guaranteed freedom and when the state machinery itself starts stifling it, people lose faith in democracy," the high court had said.

A detenu under the Goondas Act may be imprisoned for a year, subject to scrutiny by an advisory board, and the validity of such detention is also examined by the high court based on petitions filed by the affected persons.