51% Of Country's Preventive Detention Orders Come From Tamil Nadu Every Year : Savukku Shankar's Lawyer Tells Supreme Court

The Supreme Court today (August 30) heard the challenge to the 16 FIRs filed against YouTuber Savukku Shankar over an online interview. The Court also heard the habeas corpus petition filed by his mother Kamala challenging his detention under the Tamil Nadu 'Goondas' Act 1982.

Advocate Balaji Srinivasan, for the petitioners, submitted during the hearing that the highest number of detenus are from the State of Tamil Nadu, signalling an increased misuse of the powers under the Tamil Nadu 'Goondas' Act .

"In entire India 51% of the preventive detention orders have come from Tamil Nadu every year. There is rampant misuse of this Act " 

It may be noted that the petitioner was detained under Tamil Nadu 'Goondas' Act 1982 (Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act).

The counsel also referred to the previous observations of the Apex Court rebuking the Telangana Police for routinely exercising the powers of preventive detention to detain individuals without regarding their fundamental rights 

When the bench asked why the High Court can't be approached for relief, the counsel submitted that the pendency of the High Court is so much that it would take at least five to six months for the matter to get decided. He added that when Shankar was released after the Madras High Court quashed the first detention order, he was detained under the second detention order the same day.

Srinivasan further added "The High Court records that 80-100 cases are disposed of every year on the grounds of being infructuous" 

Srinivasan also clarified that out of the 16 FIRs, 15 FIR have been filed against one specific YouTube interview, making it a case for clubbing. 

Senior Advocate Mukul Rohatgi appearing for the State of Tamil Nadu sought some time to examine whether all the 15 FIRs arise out of a single interview. 

The Court while allowing Rohatgi time till Monday, also noted that the challenge to the preventive detention order will be considered prima facie. 

"On detention, we will look at it prima facie. Because it is a case where the detention has been quashed (earlier) and a new detention order passed." 

On The Challenge To Detention

Notably, Shankar was recently detained again under the preventive detention law soon after the Madras High Court's order on August 9 quashing his previous detention relating to certain alleged adverse remarks against the Police Officials. The said detention has been challenged by his mother in the habeas corpus petition titled 'A. Kamala Versus State Of Tamil Nadu And Ors.'

It is the case of the petitioner that on August 12, Shankar was granted bail, was scheduled to be released from jail at 5PM. On the same day at 5:45 PM, he was again detained indefinitely in connection with an NDPS case in which he was granted bail 4 months ago. 

On The Challenge To 16 FIRs Over His YouTube Interview

In his plea, the petitioner contends that the present FIRs have been filed as a modus operandi to silence his opinions against the present government of the State of Tamil Nadu. It is argued that the State government is presently : (1) Filing false cases and arresting him; (2) Subjecting him to custodial violence and assault by prison officials; (3) threatening him through ruling party members; (4) Placing him under preventive detention under the Tamil Nadu Goondas Act; and (5) Transporting him daily over long distances to prevent him from staying in one place.

On the last hearing, Srinivasan requested that the petition of Habeas Corpus petition be tagged with the writ petition seeking the quashing of the FIRs. However, this was objected to by Luthra who stated the recent detention done was under a different offence than the present 16 FIRs in question.

The Court on August 14, while issuing notice on a writ petition filed by Shankar, stayed coercive proceedings against him in 16 FIRs. On August 22, notice was issued in the habeas corpus matter.

Matter will now be heard on September 2. 

Background

Shankar, an independent journalist and YouTuber was arrested on May 4, 2024, for allegedly making defamatory remarks against female police personnel during an interview with the YouTube channel RedPix 24x7 on April 30, 2024. Following this incident, a total of 16 FIRs were filed against Shankar in different districts of Tamil Nadu, all stemming from the same interview.

In July, the Supreme Court had ordered the interim release of Savukku Shankar from his previous preventive detention which was subsequently quashed by the High Court on August 9 .

Case Details : A. Shankar @Savukku Shankar v. State of Tamil Nadu &Ors. W.P.(Crl.) No. 000340 / 2024