MHC delivers split verdict in 'Savukku' Shankar's plea seeking to quash goondas act slapped on him

CHENNAI: The Madras High Court will pronounce the final order today afternoon in the petition seeking to quash Savukku Shankar's detention order under goondas act.

A vacation bench of Justice GR Swaminathan and Justice PB Balaji opined that Shankar should be transferred from Coimbatore Central prison to Puzhal prison, Chennai and State has to take a call on this matter not the Court, while hearing the petition moved by A Kamala, mother of Shankar.

Shankar submitted an undertaking stating how his conduct will be in the future, as per the Court's order.

Since no consensus could be reached by the bench, a split verdict was delivered. Justice GR Swaminathan observed that some high-placed persons approached him not to take the case, hence, he decided to dispose of the case immediately.

The bench observed that final order will be pronounced at 2:15 pm and said that there will be a surprise in the order. Justice GR Swaminathan also observed that he will put black & white in his order why the petition is listed immediately today.

Further, the judge observed that there are some defects and vices found in the FIR, despite the accused being arrested in five cases. The NDPS act case was not shown and the goondas detention was invoked without application of mind. The judge also observed that the actions of Shankar did not amount to disrupting the public order while quashing the goondas' detention.

However, the other judge expressed his view that the State should be allowed to file a counter and decide the matter later. Since both the judges couldn't meet consensus the matter was placed before the acting Chief Justice R Mahadevan to hear the case with a third judge.

Also Read: Madras HC frowns at how 'Savukku' Shankar addressed CM Stalin, directs him to list the way he will act in future

After hearing the contentions of senior counsel R John Sathyan representing Shankar, the bench observed that the Chennai city police commissioner had simply approved the proposal of his subordinates for invoking goondas detention against Shankar.

Advocate General (AG) PS Raman objected to the undertaking submitted by Shankar as it stated that he limit his conduct within the freedom of speech and not what the Court has direct.

The bench also directed the National Human Rights Commission to take cognizance of the complaints lodged by Shankar's mother alleging custodial torture and decide within four months.

The petitioner A Kamala, mother of Shankar moved a petition seeking to quash the goondas detention invoked against her son.

She said that her son stood against the failures of the government and exposed various scams and frauds done by politicians and bureaucrats.

His detention and having been charged with multiple cases, displays the vengeance unleashed by the police with malafide intention and completely motivated, said the petitioner.

It may be noted that there were other impleading petitions filed including journalist Sandhya Ravishankar objecting the petition seeking quash the goondas detention.

Since his detention under the goondas act is without following the due procedure of law and not exercising the proper application of mind and it is liable to be quashed, said the petitioner.

Savukku Shankar was arrested on May 4, by the Coimbatore cybercrime as he allegedly defamed women police personnel in his Youtube interview. After that various cases were booked against him including a drug case under the NDPS act for allegedly being found in possession of ganja.

Also Read: The web that Tamil Nadu police weaved around YouTuber Savukku Shankar