Court Cites Health Concerns and Right to Personal Liberty in Decision to Release Journalist on Bail
In a significant judgment, the Madras High Court has granted interim bail to Mr. A. Shankar, popularly known as Savukku Shankar, a YouTube journalist and CEO of Savukku Media, citing serious health conditions and allegations of harassment by law enforcement agencies. The decision, delivered by a Division Bench consisting of Justices S.M. Subramaniam and P. Dhanabal, comes amidst claims of repeated incarceration and targeting by authorities for his investigative journalism and dissenting views.
The petitioner, A. Kamala, Shankar's mother, argued that her son was being harassed due to his whistleblowing activities, with multiple criminal cases allegedly foisted upon him by the police. The court noted the troubling history of detention orders against Shankar and questioned the state's motives, pointing out the unusual speed with which successive detention orders had been issued and later withdrawn.
The court emphasized that the right to personal liberty under Article 21 of the Indian Constitution includes the right to health, a principle applicable even to prison inmates. Given Shankar's serious cardiac condition and chronic diabetes, the court found grounds to grant interim bail for medical treatment. The judgment underscored the importance of safeguarding freedom of speech and expression under Article 19(1)(a) and criticized the misuse of legal processes to target dissenting voices.
The bench also highlighted the systemic issues of repeated and unjust incarceration, referencing past Supreme Court judgments that advocate for bail over jail as a fundamental principle of the criminal justice system. The court granted Shankar interim bail for 12 weeks, with specific conditions, including the execution of a personal bond and prohibition from leaving the country without court permission.
This case sheds light on the ongoing tensions between freedom of expression and state actions in India, particularly concerning new media platforms. The judgment reinforces the judiciary's role as a guardian of constitutional rights and personal liberties against potential state overreach.
Bottom Line:
Right to personal liberty under Article 21 of the Constitution of India includes the right to health, which extends to prison inmates. Interim bail granted to a prisoner due to health conditions and allegations of harassment by law enforcement agencies.
Statutory provision(s): Article 19(1)(a), Article 21 of the Constitution of India, Criminal Procedure Code (Interim bail provisions).
A.Kamala v. Inspector of Police, (Madras)(DB) : Law Finder Doc Id # 2828985
