Madras HC seeks counterbalance from the state in the detention case of ‘Savukku’ Shankar

CHENNAI: The Madras High Court on Tuesday directed the state government to file a defense petition against the habeas corpus petition (HCP) of controversial YouTuber ‘Savukku’ Shankar’s mother, who seeks to quash the Goondas detention against her son.

The matter was referred to Justice G. Jayachandran for finalization as a vacation bench had passed a bifurcated verdict.

When Advocate General (AG) PS Raman sought time to file a defense, the judge directed him to file the defense on the merits of the case. The case was then rescheduled to June 6 for further filing.

‘Savukku’ Shankar’s mother Kamala had alleged that her son was arrested for opposing the government’s failures and exposing several scams and frauds by politicians and bureaucrats. His detention and accusation of multiple cases testify to the revenge unleashed by the police with malafide intentions and full motivation, the petitioner said.

Savukku was booked for several offenses including for possession of ganja, forgery, stalking, harassment of women and for his comments against late politician and Thevar community patriarch Pasumpon Muthuramalinga Thevar.

After hearing the petitioner and the state, a vacation bench of Justices GR Swaminathan and PB Balaji had on May 24 delivered a split verdict as they could not reach a consensus.

Justice GR Swaminathan had written in his judgment: “I am more than satisfied that the cases registered against Shankar do not have any potential to disrupt public order.” It is ridiculous to say that Shankar’s statements will disrupt the steady pace of social life, he said.

“The order of arrest manifests a failure to apply the mind to the relevant fact on the part of the detaining authority; Even if the detainee is granted bail in the cases mentioned in the grounds of detention, he still cannot be released unless he is granted bail in the Narcotic Drugs and Psychotropic Substances Act (NDPS) case, wrote the judge, who ordered the detention destroyed.

However, the other judge ruled that the state should be allowed to file a counterclaim and be heard. As the court delivered a bifurcated verdict, the Acting Chief Justice of the Supreme Court, R. Mahadevan, referred the matter to the third judge for finalization.

Also read: Tamil YouTuber ‘Savukku’ Shankar withdraws bail in narcotics case

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