Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint

The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.

A bench comprising Justices JB Pardiwala and Manoj Misra pronounced the verdict setting aside the Kerala High Court's judgment delivered in June 2023 refusing him anticipatory bail.

Justice JB Pardiwala, while pronouncing the judgment, said that the following questions have been addresed :

1. Whether S.18 of the SC/ST Act imposes an absolute bar on the grant of anticipatory bail.

2. When can it be said that a prima facie case is made out in a given FIR/complaint?

3. Whether the averments in the FIR disclose any offence under S.3(1)(r) of the Act

4. Whether any offence under Section 3(1)(u) of the Act can be said to be prima facie made out in the given FIR?

4. Whether mere knowledge of the caste identity of the complainant is sufficient to attract S.3(1)(r)?

Section 3(1)(r) is the offence of intentionally insulting or intimidating with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;

Section 3(1)(u) is the offence of promoting or attempting to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes by words either written or spoken or by signs or by visible representation or otherwise.

The bench said that the appeal of Skaria has succeeded and directed that in the event of his arrest in connection with the FIR in question (FIR 899/2023 of Elamakkara Police Station), he shall be released on bail subject to terms and conditions which the investigating officer may deem fit to impose.

After pronouncing the verdict, Justice Pardiwala said that the complainant may sue for defamation.

In June 2023, the Supreme Court, while admitting Skaria's petition, had granted him interim protection from arrest. "His statements may be defamatory, but these are not offences under the SC/ST Act," CJI DY Chandrachud had said then.