A bench led by Chief Justice D Y Chandrachud and Justice Manoj Misra stated, “The bail order of September 6 is hereby confirmed,” noting that Jerald had already been released on bail.
NEW DELHI: The Supreme Court on Friday(27th Sept) criticized the Madras High Court’s directive to YouTuber Felix Jerald, requiring him to shut down his YouTube channel “RedPix 24×7” as a condition of bail, calling it “unwarranted and extraneous.”
The top court also reaffirmed its September 6 order granting bail to Jerald, excluding the condition that mandated the closure of his channel.
A bench led by Chief Justice D Y Chandrachud and Justice Manoj Misra stated, “The bail order of September 6 is hereby confirmed,” noting that Jerald had already been released on bail.
The bench emphasized that while the condition to close the YouTube channel has been set aside, the remaining bail conditions will stay in effect.
Jerald was arrested for conducting an “objectionable” interview with fellow YouTuber Savukku Shankar on his channel. Shankar was also taken into custody after making comments during the interview that targeted Madras High Court judges and women police officers in the state. While the high court granted bail to both YouTubers, it required Jerald to shut down his channel as a condition.
The bench previously issued a notice to the state government and temporarily stayed the order for the channel’s closure, but instructed Jerald to adhere to the other bail conditions.
Chief Justice D Y Chandrachud questioned, “You are making scurrilous allegations against the judiciary and all women IPS officers. Why do you host such interviews?”
Senior advocate Gopal Sankaranarayanan acknowledged that the interview should not have aired, but argued that the channel, with its 2.4 million subscribers, should not be subjected to such a harsh closure order.
On September 25, the Supreme Court ordered the immediate release of co-accused Shankar, who had been detained under the Tamil Nadu Goondas Act shortly after his initial release. This decision followed the Tamil Nadu government’s notification that they had revoked his detention order based on an advisory board’s recommendation.
Shankar, 48, was arrested by Coimbatore Police on May 4 for making derogatory remarks about women police personnel and certain Madras High Court judges during the April 30 interview on “RedPix 24×7,” which resulted in multiple FIRs against him. In addition to these charges, he is also facing a case from Theni Police for alleged possession of cannabis.
Background of the Case
G Felix Gerald, a YouTuber and journalist, was arrested in May by the Tamil Nadu Police from Noida, Uttar Pradesh, for broadcasting an interview with fellow YouTuber Savukku Shankar. The interview sparked widespread outrage due to Shankar’s derogatory remarks targeting women police officers.
The Madras High Court, in response to the controversial interview, had imposed a bail condition on Gerald, instructing him to shut down his YouTube channel. This condition was seen as an effort to prevent further dissemination of content that could potentially harm the morale of police personnel, especially women in the force.
On 6th Sept, Supreme Court Bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, heard Gerald’s plea against this bail condition. The Bench expressed concern over the nature of the content in the interview but questioned the proportionality of the punishment involving the shutdown of a YouTube channel.
