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The Supreme Court of India, on Wednesday, September 25, 2024, ordered the release of YouTuber 'Savukku' Shankar, following the Tamil Nadu government's decision to revoke his detention under the Goondas Act. The decision was made after the State's Advisory Board recommended the revocation of the detention order. This case highlights the ongoing debate surrounding the use of preventive detention laws in India, particularly in cases involving free speech and online expression.
Shankar had been detained under the Goondas Act, a stringent law that allows for preventive detention without trial, on multiple occasions. The State government had issued a detention order against him in May, which was subsequently quashed by the Madras High Court in August. However, the State issued a second detention order just three days later, leading to a legal challenge before the Supreme Court.
The Supreme Court's intervention in this case raises important questions about the use of the Goondas Act in cases of online expression. Shankar's counsel argued that the repeated detention orders were a form of harassment and persecution for exercising his right to free speech. He also highlighted the alarming trend of the Goondas Act being misused in Tamil Nadu, with the state accounting for a significant percentage of preventive detention orders in India.
The Supreme Court's order to release Shankar, based on the revocation of the detention order by the Tamil Nadu government, underscores the importance of judicial oversight in cases of preventive detention. While the Goondas Act is intended to prevent serious crimes, concerns have been raised about its potential for abuse and its impact on fundamental rights, including the right to free speech. This case serves as a reminder of the need for a careful and balanced approach to the use of preventive detention laws, ensuring that they are not used to stifle dissent or suppress legitimate forms of expression.
The case also underscores the challenges faced by individuals exercising their right to free speech in the digital age. While online platforms provide new avenues for expression, they also create opportunities for misuse and manipulation. The case of 'Savukku' Shankar highlights the need for a nuanced understanding of the intersection of free speech, online expression, and preventive detention laws, ensuring that the right to free speech is protected while also addressing legitimate concerns about public safety and order.
Source: Supreme Court orders YouTuber ‘Savukku’ Shankar’s release