Supreme Court grants interim relief to YouTuber Savukku Shankar from Preventive Detention

Today (July 18, 2024, Thursday), the Supreme Court (SC) bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah granted interim relief to YouTuber Savukku Shankar who has been in preventive detention since May by the Tamil Nadu police. The bench questioned the decision to detain him and asked the Madras High Court (HC) to expedite the decision in the habeas corpus petition filed by Savukku Shankar’s mother. While questioning the State’s action, The SC remarked, “Do you sincerely believe that there should be preventive detention? This is not an ordinary civil dispute. This is preventive detention. Somebody’s liberty is involved.” During the proceedings, Senior Advocate Siddharth Luthra who appeared for the State submitted that Shankar fabricated a document to highlight an issue that resulted in widespread protests. He also highlighted a contempt case initiated against Shankar by the Madras HC for disparaging comments against judges. Unconvinced by the contentions, the bench said, “These are two different cases. People protested because there were not enough buses…Are these not extraneous considerations? Especially in the parameters of Article 21. We have to keep our focus limited on the detention order.” 

Senior Advocate Siddharth Dave appeared for the petitioner and requested the SC to hear the case whereas the opposition party was against it stating that the State should be allowed to hear the matter. After hearing the contentions, the bench said, “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…We also request the High Court to expedite the matter considering that it relates to preventive detention of a person.” It added, “All the same, we are definitely of the view that the delay which has presently been caused in the matter, the petitioner has no hands, and therefore, considering the peculiar facts and circumstances of the case, the petitioner be released as an interim measure till the decision is taken…” Savukku Shankar was arrested on a complaint by a woman journalist for making derogatory remarks against women officers. He has been charged under Section 294(b), Section 509, Section 354D, and Section 506 of the Indian Penal Code (IPC) read with Section 4 of the Tamil Nadu Harassment of Woman (Prevention) Act and Section 67 of the Information Technology Act.