A bench composed of Justices JB Pardiwala and Manoj Misra set aside the Kerala High Court’s June 2023 ruling, which had denied Skaria anticipatory bail.
NEW DELHI: Today (23rd Aug): The Supreme Court has granted anticipatory bail to Shajan Skaria, the editor of the Malayalam YouTube news channel ‘Marunadan Malayalee,’ in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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The case pertains to alleged derogatory remarks made against MLA PV Sreenijin.
A bench composed of Justices JB Pardiwala and Manoj Misra set aside the Kerala High Court’s June 2023 ruling, which had denied Skaria anticipatory bail.
Justice Pardiwala outlined several key legal questions addressed in the judgment, including whether Section 18 of the SC/ST Act imposes an absolute bar on anticipatory bail, and when a prima facie case can be said to be established.
The bench also examined if the FIR sufficiently disclosed offences under Sections 3(1)(r) and 3(1)(u) of the Act, and whether mere knowledge of the complainant’s caste identity is enough to invoke Section 3(1)(r).
These sections deal with the offense of intentionally insulting or humiliating a member of a Scheduled Caste or Tribe and promoting enmity or ill-will against them, respectively.
The Court ruled in favor of Skaria, directing that he be released on bail if arrested, subject to conditions imposed by the investigating officer.
Additionally, the bench noted that the complainant may pursue a defamation lawsuit.
Earlier, in June 2023, Chief Justice DY Chandrachud had observed that Skaria’s statements might be defamatory but did not constitute offenses under the SC/ST Act.
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The CJI said,
” His statements may be defamatory, but these are not offences under the SC/ST Act. He may have said something against the father-in-law (of the complainant), judiciary etc, which may be in bad taste.”
Skaria’s case involved a news broadcast concerning the alleged mismanagement of the Sports Hostel by Sreenijin in his role as Chairman of the District Sports Council. Initially, the Special Judge under the SC/ST Act denied bail, finding the accusations against Sreenijin both defamatory and insulting.
Earlier on June 30, the Kerala High Court refused to give anticipatory bail to the Chief editor of Marunadan Malayali Shajan Skariah. Following the earlier denial of his anticipatory bail by a Special Court, Shajan—who is also the publisher of the YouTube channel filed an appeal with the court.
According to High Court judge VG Arun who heard the case, there are remarks meant to degrade MLA Sreenijin in the relevant video broadcast by Marunadan.
The channel has accused Sreenijin of murder, “insinuation against” his father-in-law, and “aspersions on nameless judicial officers,” among other things. The judge pointed out that the alleged video also referred to the MLA as a “Mafia Don.”
Skariah had telecast a news report alleging maladministration of the Sports Hostel at the instance of Sreenijin, in his capacity as the Chairman, of the Districts Sports Council. Skaria got upset by the Special Court’s refusal to grant him anticipatory bail after the MLA filed a criminal case against him under the SC/ST (Prevention of Atrocities) Act, 1989.
The Kerala High Court also rejected Skaria’s appeal, with Justice VG Arun noting that the allegations in the video were not only defamatory but also included serious charges like murder and insinuations involving judicial officers, further calling into question the current state of journalism.
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