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The Supreme Court on Thursday ordered the release of YouTuber 'Savukku' Shankar who was detained under the Goondas Act in May by the Tamil Nadu police.
Granting the interim relief to Shankar currently lodged in the Coimbatore Central Prison, a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah said it would not decide the case on merits as the Madras high court is seized of the matter.
The bench recorded the submission of lawyers appearing for the parties that they will mention the matter before the chief justice of the high court or before the appropriate bench on Monday or Tuesday seeking to expedite the hearing in the matter.
"We are definitely of the view that the delay which has been caused in the matter, the petitioner has no hands in it."
"In the peculiar facts, the petitioner be released till the case against detention is decided by the high court," the bench said while clarifying that its order pertains only to the preventive detention matters.
If the petitioner is in jail in any other case, this order will not affect that, the bench said.
The top court was hearing an appeal challenging the Madras High Court order adjourning the habeas corpus petition that was filed by Shankar's mother challenging his detention under the Goondas Act.
At the outset, the apex court asked senior advocate Siddharth Luthra, appearing for Tamil Nadu government, to explain the need for preventive detention against Shankar.
Luthra submitted that the YouTuber has been accused of forging documents, and doing malafide acts.
The bench then asked, "How can he be put in detention? Is he a threat to national security of this country? This is not an ordinary civil dispute but a preventive detention matter. Somebody's liberty is at stake. He is in preventive detention for over two months."
Senior advocate Siddhartha Dave, appearing for Shankar's mother, submitted that the YouTuber was detained only on the basis of apprehension that he would come out on bail in criminal cases.
Based on the orders of commissioner of police, Greater Chennai, Sandeep Rai Rathore, the detention order under the Goondas Act was served on Shankar by a cyber crime (Chennai) police inspector on May 12.
There are seven cases pending against Shankar in Chennai police's central crime branch/cyber crime out of which three are under investigation, charge sheets have been filed in two and the remaining are pending trial, according to a Chennai police press note.
Shankar, 48, was arrested by Coimbatore police on May 4 in southern Theni for alleged derogatory statements about women police personnel/police officials in an interview to a YouTube channel.
Other cases Shankar faces include one for possession of ganja, which was registered by Theni police. The YouTuber had submitted in court that he was assaulted in Coimbatore prison.
A detenu under the Goondas Act may be imprisoned for one year, subject to scrutiny by an advisory board and the validity of such detentions is also examined by the high court based on petitions filed by the affected persons.
Shankar, who has been accused by a number of people of making personal attacks and uncivil remarks is also a strong critic of the DMK regime and Chief Minister MK Stalin.
A former special assistant in the Directorate of Vigilance and Anti-Corruption, the YouTuber was accused in 2008 of leaking sensitive conversations between officials and a court had years later acquitted him in that case.