SC stays Kerala scribe's arrest after local courts deny anticipatory bail

New Delhi/Thiruvananthapuram, July 10

The Supreme Court on Monday put a stay on the arrest of Shajan Skariah, the founding-editor of popular Malayalam YouTube news channel 'Marunadan Malayalee', who was on the run for several days after a lower court and the Kerala High Court turned down his anticipatory bail plea.

"Pending further orders, there shall be stay on the arrest," ordered the SC bench comprising Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha while issuing notice on the special leave petition filed by Skariah, challenging the Kerala High Court's rejection of his anticipatory bail plea.

Skariah, who has been a vocal critic of the Pinarayi Vijayan-led Kerala government, ran into trouble after CPI-M legislator P.V. Sreenijin filed a case alleging that the online portal and Skariah made derogatory remarks against him, which come under the SC/ST Act.

Sreenijin is the son-in-law of retired Supreme Court Chief Justice K. Balakrishnan.

The apex court, while hearing Skariah's petition, directed that a notice be served to the Kerala government as it listed the case for next hearing after three weeks.

“His (Skariah's) statements may be defamatory, but these are not offences under the SC/ST Act. He may have said something against the father-in-law (of the complaint), judiciary etc., which may be in bad taste," the CJI said.

Soon after the Kerala High Court refused to stay the lower court‘s denial of anticipatory bail to Shajan, the Kerala Police got into the act and conducted raids across his offices and even at the homes of people close to Skariah.

The police also confiscated 29 computers from his office, and asked the staff not to open the facility.

The act of the police drew criticism from most political parties, and numerous social and cultural personalities.

But the CPI-M maintained stoic silence in the matter, for which it came under attack from various quarters, who cited the Left leaders reacting to BBC offices coming under duress following its documentary on Prime Minister Narendra Modi, but maintaining silence in this case.

In a related development, the Kerala High Court on Monday came down heavily on the police probe team for confiscating the mobile phone of a journalist friend of Skariah, even when there was no charge or case against him, and asked the police to return his cellphone.