The Supreme Court on Monday granted anticipatory bail to Shajan Scaria, the editor and publisher of YouTube Channel Marunadan Malayali, in a case where he was accused of broadcasting a derogatory news item about Member of Legislative Assembly (MLA) PV Sreenijin.
The bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha, observed that while the statement may be defamatory, it didn’t prima facie attract offences under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
While acknowledging that Scaria’s statements could be defamatory, the Court cautioned him to be mindful of his discourse and advised his counsel to counsel him accordingly.
The Court emphasized the importance of maintaining a certain level of discourse, but noted that imprisonment should not be the answer for disapproval of statements.
The prosecution alleged that Scaria, as the editor and publisher of Marunadan Malayali, had telecasted a news item containing false, baseless, and defamatory allegations against MLA Sreenijin, with the intent to insult him as he belonged to a scheduled caste community. Scaria’s application for anticipatory bail was initially dismissed by a Special Court and later by the Kerala High Court.
During the Supreme Court hearing, Senior Advocate V Giri, representing the respondent/complainant, argued that since YouTube is a public platform, the matter must be viewed in the public interest. However, the Court agreed that while the statements were in bad taste, they didn’t fall under the purview of the SC/ST Act but could be a case for defamation.
The Court granted anticipatory bail to Scaria, issuing a notice and staying his arrest pending further orders. Recognizing him as a senior journalist, the Court stressed the importance of considering matters of criminal law strictly when someone’s liberty is at stake.
