'Soul of healthy democracy lies in free speech': HC raps TN govt, overturns Goondas Act detention of 'Savukku' Shankar
"A State going behind every social media post or YouTube video will not change anyone's views; instead, it will make the people feel stifled of their right to speech. The beauty of our democracy lies in the Constitutionally guaranteed freedom and when the State machinery starts clamping down on litigation, the people lose faith in the democracy," wrote the bench.
Savukku Shankar: Madras High Court
CHENNAI: Setting aside the preventive detention order invoked against whistleblower-turned-YouTuber 'Savukku' Shankar under the Goondas Act, the Madras High Court, on Friday, came down heavily against the State government, and observed that freedom of speech is an inborn right and cannot be curtailed unless there is a threat to public order.
Commenting that selective detention of persons on charges of spreading false information was a threat to democracy, a division bench of Justice SM Subramaniam and Justice V Sivagnanam, allowed the habeas corpus petition moved by A Kamala, mother of Shankar. "Mere speeches criticising the government, its actions and policies, and those exposing the corrupt or illegal actions of the government cannot be brought under the ambit of preventive detention (Goondas Act)," the bench said.
"A State going behind every social media post or YouTube video will not change anyone's views; instead, it will make the people feel stifled of their right to speech. The beauty of our democracy lies in the Constitutionally guaranteed freedom and when the State machinery starts clamping down on litigation, the people lose faith in the democracy," wrote the bench.
The viewer has a right to know the opinions of a fellow citizen on the policies or actions of the government. Censoring such views is unhealthy for good governance, wrote the bench.
It added that selective detention of persons on charges of spreading false information is a threat to democracy
Pointing out that this is the month of the 77th Independence Day celebrations, the bench asked whether we can continue to stifle the voices of the citizens even now. The court cannot narrow the walls of freedom of speech and expression, it said adding: "The soul of a healthy democracy lies in free speech."
The bench also called for regulations on social media as "unregulated space will pave the way for more infractions".
On May 4, the Coimbatore Cyber Crime police arrested Savukku Shankar for levelling alleged demeaning remarks against women police personnel in an interview published on a YouTube channel. Later several complaints were lodged against Shankar including circulating false documents on social media on the tender process in CMDA for the construction of a new Bus Terminus at Kilambakkam.
