Kerala High Court Denies Anticipatory Bail to Marunadan Malayali Editor Accused of Broadcasting Derogatory News against MLA under SC/ST Act
In a significant development, the Kerala High Court refused to grant anticipatory bail to Shajan Scaria, the editor and publisher of the YouTube Channel Marunadan Malayali. Scaria is facing charges for allegedly broadcasting a derogatory news item against Member of Legislative Assembly (MLA), PV Sreenijin. The court, presided over by Justice VG Arun, emphasized that the news item contained insults aimed at publicly humiliating the MLA.
The court's decision was based on its interpretation of Section 3(1)(r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act). It noted that the reference to the caste name of the victim is not necessary for the offense to be established. The High Court found that there was a prima facie case against Scaria under the SC/ST Act.
The court further observed that the allegations leveled against Scaria included serious accusations such as murder, insinuations against the MLA's father-in-law, and aspersions on unnamed judicial officers. The High Court also took note of the use of the term "Mafia Don" to describe the MLA. Consequently, it dismissed Scaria's appeal against the Special Court's order, which had denied him anticipatory bail under the SC/ST Act.
The prosecution argued that Scaria, in his capacity as the editor and publisher of Marunadan Malayali, telecasted a news item containing false and defamatory allegations against MLA Sreenijin, with the intention of insulting him due to his scheduled caste background. The Special Court had previously held that Scaria's knowledge of the MLA's scheduled caste identity was sufficient to attract the offense under the SC/ST Act.
In his appeal, Scaria questioned whether the SC/ST Act aimed to provide immunity to politicians from criticism or allegations of corruption and impropriety by the media or the general public merely based on their scheduled caste or scheduled tribe status. While admitting to telecasting a video against MLA Sreenijin, Scaria claimed that he had no intention to insult the MLA and had published only factual information gathered through research and sources. He also highlighted that he had removed the controversial video from public view after the filing of the First Information Report (FIR) against him.
However, the High Court ruled that there was prima facie material indicating that Scaria had intended to insult the MLA publicly due to his scheduled caste status. As a result, the court dismissed Scaria's appeal. The appellant was represented by advocates Thomas J Anakkalunkal, Jayaraman S, Litty Peter, Anupa Anna Jose Kandoth, and Melba Mary Santosh.
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