"Kerala Court Denies Anticipatory Bail to Marunadan Malayali Editor Shajan Scaria; Charged under SC/ST Act for Broadcasting Derogatory News Against MLA PV Sreenijin"
In a significant development, a Kerala court has rejected the anticipatory bail plea filed by Shajan Scaria, the editor and publisher of Marunadan Malayali YouTube Channel. Scaria stands accused of airing a news item deemed derogatory towards MLA PV Sreenijin, which led to charges being filed against him under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act).
Judge Honey M Varghese delivered the ruling, highlighting Scaria's awareness of MLA Sreenijin's scheduled caste (SC) background. The court deemed the publication of the news item as sufficient grounds to invoke the provisions of the SC/ST Act. The charges against Scaria include offenses under Sections 3(1)(r) and 3(1)(u) of the SC/ST Act, as well as Section 120(0) of the Kerala Police Act.
According to the prosecution, Scaria, in his role as editor and publisher, broadcasted a news item that contained false and defamatory allegations against MLA Sreenijin. It is alleged that the intent behind the broadcast was to insult the MLA, who belongs to the SC community.
Scaria's defense argued that the news item was aimed at highlighting the mismanagement of a sports hostel under MLA Sreenijin's supervision as the chairman of the District Sports Council. They maintained that there was no knowledge of the MLA's SC status and that the news item did not mention anything about his caste or community.
However, the counsel representing MLA Sreenijin and the public prosecutor contested these arguments. They asserted that Scaria was well aware of MLA Sreenijin's SC status, given that he was elected from a reserved seat for the SC community in the legislative assembly election.
Furthermore, they pointed out that an earlier version of the news item had addressed MLA Sreenijin as a "mafia don," and although Scaria had removed that particular version, the act of withdrawal indicated an acknowledgment of its derogatory nature.
Taking these factors into account, the court concluded that Scaria had knowledge of MLA Sreenijin's SC background, making the publication of the news item sufficient to warrant charges under the SC/ST Act. The court emphasized that Scaria's contention of not intending to insult the complainant with knowledge of his SC status was not persuasive. Consequently, the court dismissed Scaria's anticipatory bail plea, citing the prima facie sufficiency of the allegations under the SC/ST Act.
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TAGS: Kerala Court anticipatory bail Marunadan Malayali Editor Shajan Scaria SC/ST Act news MLA PV Sreenijin.
