Supreme Court Clubs Multiple FIRs Against YouTuber Savukku Shankar Over Online Interview

The Supreme Court today (February 24) allowed the clubbing of FIRs registered against YouTuber Savukku Shankar over his online interview. The Court also cautioned Shankar to abide by the previous directions of not making statements against the court proceedings. 

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the challenge to the 16 FIRs filed against YouTuber Savukku Shankar over an online interview.

The bench passed the following order allowing the clubbing of the FIRs in relation to his YouTube interview, except for another FIR namely Crime No. 10 which is not related to the main incident in question. All the materials collected in the investigations of the FIRs are to be transferred and consolidated with the Investigating Officer assigned for the primary FIR, namely FIR no. 123/2024 registered in Coimbatore Cyber Crime Police Station. 

The Court also directed Shankar to abide by its previous order of November 11, 2022, where the bench of Justices Sanjiv Khanna and JK Maheshwari while suspending the sentence of 6 months imprisonment imposed by the Madras High Court for contempt of court, directed that till the next date of hearing, Shankar shall not make any videos or comments regarding court proceedings.

Sr Advocate Siddarth Luthra appearing for the State of Tamil Nadu informed the Court that Shankar had violated the previous order of the Court for not commenting on Court proceedings.

"He was told not to make any statement, but he is incorregible! cannot hold himself back."

Advocate Balaji Srinivasan for the petitioner informed the court that "he has tendered an unconditional apology for what he has said."

Sr Advocate Mukul Rohatgi also appearing for the State urged the Court to dismiss Shankar's plea, " I don't think your lordships should have entertained this petition, he is making allegations against sitting HC judges, against the police department, journalists - all types of people my lords, he is a dismissed constable"

Srinivasan interjected, "See what the High Court says, what the state has done...they go and meet the judge and tell him not to decide the case" 

The bench passed the following directions , while disposing the matter - 

" We dispose of the present writ petition by issuing the following directions :

(1) Investigation to continue in FIR no. 123/2024 of 3 May 2024 at Cyber Crime Coimbatore police station;

(2) Investigation in the following FIRs- except crime no.10 shall be transferred to the police station, Cyber Crime, Coimbatore City;

(3)Investigation shall proceed expeditiously. We are not commenting on the merits of the allegations or the way and  the manner in which the investigation is to be conducted, chargesheet of the reports will be filed as per law; 

(4) Material and evidence collected in the course of the investigation of the said FIRs will be examined by the IO of FIR no. 123/2024 dated 3 May.....investigation for crime no.10 will continue as per law 

(5) The petitioner has been reminded about the order passed by this Court dated November 11, 2022 passed in Criminal Appeal no. 1845 of 2022- in case the petitioner has committed breach of any of the said order, it is open to the respondents therein or any of the third parties to move an application." 

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.

Earlier, 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 issued notice on a writ petition filed by Shankar on August 14, stayed coercive proceedings against him in 16 FIRs, and issued notice in the habeas corpus matter on August 22.

Previously, the Court also heard the habeas corpus petition filed by his mother Kamala challenging his detention under the Tamil Nadu 'Goondas' Act 1982.

Background

Shankar, a 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 

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