In a surprising turn of events, a Madras High Court judge today informed in open court that he was warned by two unknown persons to not hear a habeas corpus petition filed by the mother of jailed YouTuber Savukku Shankar. .Justice GR Swaminathan made the startling revelation this evening shortly before the Court's split verdict on the petition was pronounced. The judge said that it was because two people had met him and 'advised' him not to deal with the case that he took up the matter for final hearing today itself, despite the Advocate General and the State police asking time to file a counter."'Highly placed' persons met me and told me not to take the HCP for final hearing. I am a judge of the Madurai Bench and I am presiding over the vacation Bench in Chennai only for a week. I would have failed in my constitutional duty had I not heard the matter. I had to thwart those persons plan. That is why, despite the AG's opposition and others asking what the hurry was, I heard the HCP," Justice Swaminathan said. .The Bench of Justice Swaminathan and Justice PB Balaji was dealing with plea by Shankar’s mother, who had claimed that the YouTuber had been assaulted while in judicial custody at the Coimbatore Central Prison. Shankar was arrested earlier this month on allegations that he made defamatory comments against women in an interview..The High Court Division Bench today pronounced a split verdict on whether a May 12 detention order passed against Shankar was justified. Justice Swaminathan has opined that Shankar's detention should be set aside, whereas Justice Balaji has dissented from jumping to that conclusion.Justice Balaji explained that he still believed that the police should have been given an opportunity to file a counter affidavit before the HCP was heard on merits. "That is why I am dissenting," Justice Balaji said..During today's hearing, Senior Counsel S Prabakaran had opposed the habeas corpus petition and asked how a person on YouTube could constantly be permitted to attack the judiciary, women working in subordinate judiciary, the police and others."Why is there a tearing urgency in deciding the HCP?" he had asked.The Court, however, proceeded with hearing the matter on merits and reserved the case for judgment shortly before lunch.At the time of reserving judgment, Justice Swaminathan had hinted that there was "going to be a surprise" in his order."I will give the reason in black and white on why I am in a hurry to hear the HCP on merits," the judge had said..In the post lunch session, Justice Swaminathan proceeded to pronounce his view that Shankar's detention should be quashed, after divulging the warnings he was issued not to hear the case.Justice Swaminathan further observed that on May 12, when the detention order was passed, Savukku Shankar had been arrested in five cases and there was no imminent possibility of him coming out on bail. Yet, this fact had not been reflected in the detention order. The judge opined that Shankar's dentioned could be quashed on this sole ground.Justice Swaminathan added that this is the first defect in the detention order which stuck to his mind when he read the papers last night and that the petitioner's counsel ought to have attacked the detention order primarily on this ground.However, since Justice Balaji has dissented from this view, the matter will be placed before Acting Chief Justice R Mahadevan, who would have to nominate the a third judge to give a tie-breaking opinion..Advocate General PS Raman represented the Tamil Nadu Police.Senior counsel R John Sathyan represented Shankar's mother, who filed the habeas corpus petition.Senior Advocate S Prabakaran represented one of the de facto complainants..[Read Order]
In a surprising turn of events, a Madras High Court judge today informed in open court that he was warned by two unknown persons to not hear a habeas corpus petition filed by the mother of jailed YouTuber Savukku Shankar. .Justice GR Swaminathan made the startling revelation this evening shortly before the Court's split verdict on the petition was pronounced. The judge said that it was because two people had met him and 'advised' him not to deal with the case that he took up the matter for final hearing today itself, despite the Advocate General and the State police asking time to file a counter."'Highly placed' persons met me and told me not to take the HCP for final hearing. I am a judge of the Madurai Bench and I am presiding over the vacation Bench in Chennai only for a week. I would have failed in my constitutional duty had I not heard the matter. I had to thwart those persons plan. That is why, despite the AG's opposition and others asking what the hurry was, I heard the HCP," Justice Swaminathan said. .The Bench of Justice Swaminathan and Justice PB Balaji was dealing with plea by Shankar’s mother, who had claimed that the YouTuber had been assaulted while in judicial custody at the Coimbatore Central Prison. Shankar was arrested earlier this month on allegations that he made defamatory comments against women in an interview..The High Court Division Bench today pronounced a split verdict on whether a May 12 detention order passed against Shankar was justified. Justice Swaminathan has opined that Shankar's detention should be set aside, whereas Justice Balaji has dissented from jumping to that conclusion.Justice Balaji explained that he still believed that the police should have been given an opportunity to file a counter affidavit before the HCP was heard on merits. "That is why I am dissenting," Justice Balaji said..During today's hearing, Senior Counsel S Prabakaran had opposed the habeas corpus petition and asked how a person on YouTube could constantly be permitted to attack the judiciary, women working in subordinate judiciary, the police and others."Why is there a tearing urgency in deciding the HCP?" he had asked.The Court, however, proceeded with hearing the matter on merits and reserved the case for judgment shortly before lunch.At the time of reserving judgment, Justice Swaminathan had hinted that there was "going to be a surprise" in his order."I will give the reason in black and white on why I am in a hurry to hear the HCP on merits," the judge had said..In the post lunch session, Justice Swaminathan proceeded to pronounce his view that Shankar's detention should be quashed, after divulging the warnings he was issued not to hear the case.Justice Swaminathan further observed that on May 12, when the detention order was passed, Savukku Shankar had been arrested in five cases and there was no imminent possibility of him coming out on bail. Yet, this fact had not been reflected in the detention order. The judge opined that Shankar's dentioned could be quashed on this sole ground.Justice Swaminathan added that this is the first defect in the detention order which stuck to his mind when he read the papers last night and that the petitioner's counsel ought to have attacked the detention order primarily on this ground.However, since Justice Balaji has dissented from this view, the matter will be placed before Acting Chief Justice R Mahadevan, who would have to nominate the a third judge to give a tie-breaking opinion..Advocate General PS Raman represented the Tamil Nadu Police.Senior counsel R John Sathyan represented Shankar's mother, who filed the habeas corpus petition.Senior Advocate S Prabakaran represented one of the de facto complainants..[Read Order]