Madras High Court sets aside detention of YouTuber Savukku Shankar under Tamil Nadu Goondas Act

The Madras High Court on Friday set aside the detention of YouTuber Savukku Shankar under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982..A Bench of Justices SM Subramaniam and V Sivagnanam allowed the habeas corpus petition filed by Shankar's mother, holding,"We have dealt with issues of malice, freedom of speech, freedom of press. It is the need of the hour. Habeas corpus petition is allowed. Order of detention is set aside. The detenue is ordered to be released forthwith if he is not required in any other case.".Shankar's mother, Kamala, had challenged the preventive detention of her son. Shankar was detained by the Tamil Nadu Police in May this year on allegations that he made defamatory comments against women in an interview given to another YouTuber Felix Jerald.Shankar was recently released from detention on orders of the Supreme Court, until Kamala's plea is finally decided by the High Court..The case before the Madras High Court has been witness to several twists and revelations beginning with a verdict on May 24 this year, where a vacation bench of Justices GR Swaminathan and PB Balaji had a difference of opinion and delivered a split verdict.Justice Swaminathan held that Shankar’s detention was illegal and had set it aside. He had also said in open court that two highly placed persons had visited him and cautioned him against passing orders.However, Justice Balaji had refrained from passing any order, saying that in his opinion, before deciding the matter on merits, the police should be permitted to file a counter affidavit..The matter was subsequently transferred to a regular bench hearing habeas corpus matters. That bench of Justices MS Ramesh and Sunder Mohan too recused from the hearing, citing objectionable comments made by Kamala against the court in her transfer petition filed before the Supreme Court. Even though the transfer petition had been withdrawn by the time the bench led by Justice Ramesh began hearing the plea, it decided to recuse from the hearing.Finally, the matter was assigned to the present bench led by Justice SM Subramaniam.