The Supreme Court on Friday granted interim relief to YouTuber Savukku Shankar till the issue. against detention is decided by the Madras High Court.
Meanwhile, the court dismissed as withdrawn the transfer petition by YouTuber Savukku Shankar's mother and, in the meantime, also left over Madras High Court to decide on the legality of his detention.
The top court also questioned the decision to detain Shankar and asked whether is he a threat to the national security of this country.
The court, while releasing him on interim relief, clarified that its interim order is only regard to the detention matter, and if Shankar is in jail for any other matter, then this order will not affect that matter.
A bench of justices Sudhanshu Dhulia and Ahsanuddin. Amanullah said, "Transfer Petition (by Shankar's mother) has been. dismissed as withdrawn."
In the meantime, the court remarked that the final opinion on the legality of his detention has not been given by the Madras High Court, which has still seized the matter, and therefore left it to the HC to decide the issue on its merits.
The counsels for both parties jointly stated that they would mention the matter before the Madras High Court Chief Justice or before the appropriate bench next week and request it to expedite the matter.
Senior Advocate Siddharth Dave and advocate Balaji Srinivasan appeared for petitioner Savukku Shankar's mother, A Kamala. Senior Advocate Siddharth Luthra appeared for Tamil Nadu State.
On May 24, 2024, the Madras HC gave a split verdict as one of the passed a well-reasoned order quashing the detention. on the other hand, his Companion Judge observed that the state should be permitted to file a counter and the petition be heard thereafter, as the petitioner apprised the top court.
Thereafter, the matter was referred to a third judge for referral. "Vide order dated 06.06.2024 ['First Impugned Order'], the Umpire Judge, disagreed with the findings of the Presiding Judge as put forth in the order dated 24.05.2024 and directed to list the Habeas Corpus Petition before the regular Division Bench dealing with Habeas Corpus petitions. It is submitted that the reasoning of the Umpire Judge is legally untenable, factually incorrect and most importantly, did not deal with this case on merits," the petitioner said.
In the transfer petition, the YouTuber's mother has sought to transfer the Habeas Corpus Petition from the High Court of Judicature at Madras to the top court or to a court of competent jurisdiction in light of the extremely powerful political forces of the ruling party that are not only causing immense physical and mental harassment to the petitioner's son.
Meanwhile, the counsel of the opposite side took the top court through certain remarks made by youtuber against the judges.
The petition has challenged two interim orders, dated June 6 & June 12, of the Madras High Court.
On May 12, 2024, a detention order was passed by Tamil Nadu police and branded the youtuber as a 'goonda' as described in Section 2(f) of the Tamil Nadu Act 14 of 1982 on the ground that his activities were prejudicial to the maintenance of public peace.
On May 20 2024, the petitioner's mother moved HC and filed al Habeas Corpus Petition.
Aggrieved by the HC order, the mother of the YouTuber moved to the top court. The mother of Savukku Shankar said her son has played a vital role in exposing the corrupt and illegal activities of the ruling party in the government of Tamil Nadu.
He is a whistleblower who brings truth and justice to the public, the petition said. The petitioner further submitted that this Habeas Corpus Petition is challenging the wrongful detention of her son by the respondents only to curtail his freedom of speech and expression so that he could not challenge the current government.
It is submitted that both the impugned orders are grossly illegal and in grave contravention of the rights of the Detinue, i.e. Savukku Shankar, under Articles 19(1)(a), 21 and 22 of the Constitution of India, the petition said.
(ANI)
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