Division bench refers HCP challenging 'Savukku' Shankar's detention under Goondas Act to another bench

CHENNAI: A division bench of the Madras High Court on Friday referred the habeas corpus petition (HCP) moved by detained YouTuber 'Savukku' Shankar's mother challenging her son's preventive detention under the Goondas Act in May by the Tamil Nadu police to another bench.

The division bench of Justice MS Ramesh and Justice Sunder Mohan heard the HCP moved by A Kamala, mother of Shankar.

Since Kamala had made certain remarks against the present bench in a transfer petition before the Supreme Court, the bench referred the matter to be heard before another bench.

Senior counsel R John Sathyan, representing the petitioner, submitted that the prosecution has not produced an iota of material against his client. The preventive detention was executed by the prosecution without application of mind, said the senior counsel.

Additional public prosecutor (APP) E Raj Tilak submitted that Shankar had been repeatedly causing disturbance to the public order through his social media interviews. He had also made adverse statements against the State on many occasions, hence he was detained, said the APP.

The bench then wondered why the recommendations of the investigation officer to the detaining authority were not made available to the detenue. It also asked if the information of the investigation officer was false and how the detenue could challenge it without any materials.

In May, the state police had detained Shankar under the Goondas Act for making allegedly defamatory statements against women police personnel on social media. Subsequently, his mother A Kamala moved a HCP in the High Court. On May 24, a vacation bench of the High Court delivered a split verdict to the HCP.

The petition was then listed before the division bench of Justice MS Ramesh and Sunder Mohan to reach finality.

Meanwhile, Shankar's mother had recently moved an appeal in the Supreme Court challenging her son's confinement. The top court on July 18 had then granted interim bail to Shankar in the case pertaining to his preventive detention under the Goondas Act. The bail would not apply for the other cases he is booked under, it said. The SC also ruled that it would not decide on the merit of the case but he should be released till the case is decided by the Madras High Court.