Savukku Shankar’s Goondas Act detention revoked, SC orders his immediate release

CHENNAI: In a major relief for ‘Savukku’ Shankar, the controversial YouTuber and trenchant critic of the DMK government who has been in custody since May 4 and later detained under the allegedly draconian Goondas Act, the State government informed the Supreme Court that his detention has been revoked.

“Acting on the opinion of the advisory board, the State has revoked the order of detention on September 25,” the senior counsels appearing for the Tamil Nadu government informed the court.

Following this, the apex court said Shankar (48) should be released forthwith “if not required in any other case”, and dismissed his mother Kamala’s habeas corpus petition seeking his release.

'Savukku' Shankar was arrested by the Coimbatore Police from southern Theni for allegedly defaming female police officials in an interview to YouTube channel 'RedPix 24x7' on April 30, which led to several FIRs being filed against him at various police stations.

Besides these cases, the YouTuber also faces a case lodged by the Theni Police for the alleged possession of ganja.

His mother had also sought a judicial inquiry into the alleged custodial torture he had endured in prison, arguing that the cases were foisted against Shankar, as his activism and exposing of scams had angered government officials.

Shankar was released in pursuance of orders of the apex court and the Madras High Court. However, he was detained again by the state police on August 12.

The high court had on August 9 set aside the Chennai city police commissioner's order to detain Shankar under the Goondas Act. It had also directed that the YouTuber, lodged in the Coimbatore Central Prison, be set at liberty forthwith if he was not required in any other case.

He then filed two separate petitions seeking release and quashing of the cases against him.

Senior advocates Mukul Rohatgi and Siddarth Luthra appeared for the state government.

Earlier, the top court had indicated that it may deal with the detention aspect and for clubbing the cases, the YouTuber will have to go to the high court.

On August 30, it had asked the Tamil Nadu government to apprise it on September 2 of the reasons behind Shankar's detention just after being released in connection with several criminal cases.

Observing that 15 FIRs have already been clubbed, the bench had said it will prima facie consider the aspect of fresh detention of the accused by the state government under the Goondas Act.

The state government had alleged that Shankar has said all Madras High Court judges are corrupt and it was not a case where the top court should step in. He has also been speaking against women police officials, Rohatgi had said.

Shankar’s lawyer had opposed the submissions of the state government and said 51 per cent of total detenues in the country come from Tamil Nadu every year and this shows the "rampant misuse" of the Goondas Act.

The top court had on July 18 ordered his interim release. But, he was taken into preventive detention later.

Shankar had alleged that the state police were false cases to arrest him and subject him to custodial torture.

Allowing a habeas corpus petition filed by Shankar's mother A Kamala, the high court had directed him to be set free if he was not required in any other case.

Setting aside the detention order dated May 12, a division bench of the high court had said, "We have arrived at an irresistible conclusion that the impugned order of detention is not in compliance with the essential requirement and ingredients as contemplated under Act 14 of 1982. Thus, the detention order issued by the Commissioner of Police is set aside."

The high court had said the detaining authority had registered both adverse complaints on the same day -- May 7. One complaint was registered after the lapse of nearly six years, whereas the other was pertaining to alleged derogatory remarks against women police officers.

"The beauty of our democracy lies in the constitutionally guaranteed freedom and when the state machinery itself starts stifling it, people lose faith in democracy," the high court had said.

A detenue under the Goondas Act may be imprisoned for a year, subject to scrutiny by an advisory board, and the validity of such detention is also examined by the high court based on petitions filed by the affected persons.

A former special assistant in the Directorate of Vigilance and Anti-Corruption, Shankar was accused in 2008 of leaking sensitive conversations between officials. A court had acquitted him in that case.

READ HERE: Who is ‘Savukku’ Shankar, the YouTuber in Tamil Nadu police’s crosshairs?

(With online desk inputs)