SC orders release of detained TN YouTuber ‘Savukku’ Shankar

“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 SC said.

Refusing to go into the merits of the case as the HC is seized of the matter, the bench clarified that the relief is restricted to the preventive detention case against Shankar, who is currently lodged in the Coimbatore Central Prison, and won’t apply to other cases.

“Since final opinion in this case has not been expressed by the High Court and in sum and substance the High Court is still seized with the matter, we do not think it will be appropriate to decide the case on its merits…,” the SC said and asked the HC to expedite the matter considering that it relates to preventive detention of a person.

The bench which was hearing the appeal filed by the YouTuber’s mother after the Madras High Court adjourned the habeas corpus petition filed by her, questioned the need for preventive detention.

Pointing out that he has been in preventive detention for over two months, the bench asked if he was a threat to national security and sought to remind that it is not an not an ordinary civil dispute but a preventive detention matter. “Somebody’s liberty is at stake,” it said.

Appearing for the TN government, senior advocate Siddharth Luthra said Shankar has been accused of fabricating a document and that it led to public protests. The bench however said the two cases are different and that people protested because there were not enough buses.

The state also referred to the contempt case initiated by the Madras HC against him for remarks against judges but the SC wondered how this was relevant for preventive detention and said the two are different issues and people protested due to shortage of buses.

Appearing for Shankar, senior advocate Siddhartha Dave said that he was being detained because the state fears that he would get bail in the other criminal cases registered against him and come out.