HC bail direction ordering closure of YouTube channel 'unwarranted', 'extraneous': SC
New Delhi (PTI): The Supreme Court on Friday termed as “unwarranted and extraneous” the Madras High Court directive to YouTuber Felix Jerald to close down his channel as one of the bail conditions.
The top court also confirmed its September 6 order granting bail to Jerald sans the condition asking him to close down his YouTube channel "RedPix 24x7".
"The bail order of September 6 is hereby confirmed," a bench of Chief Justice D Y Chandrachud and Manoj Misra said after taking note of the submissions of senior advocate Gopal Sankaranarayanan, appearing for the YouTuber.
The bench noted that following its earlier order Jerald has been already released on bail.
"One of the bail conditions (imposed by the high court) asking him to close down his YouTube channel was unwarranted and extraneous and we accordingly set aside that condition," the bench said, adding the other bail conditions will remain operational.
Jerald was arrested for hosting an "objectionable" interview of another YouTuber Savukku Shankar on his YouTube channel. Shankar was also arrested.
In the interview, Shankar made certain comments against Madras High Court judges and women police officers of the state. The high court, which granted bail to both YouTubers, had asked Jerald to close down his channel as one of the conditions.
Earlier, the bench had issued a notice to the state government and stayed the particular direction on closure of the channel.
It, however, had asked him to comply with other bail conditions.
"You are making scurrilous allegations against the judiciary and all women IPS officers. Why do you host such interviews?" the CJI had asked.
Sankaranarayanan had said such an interview should not have been shown.
The senior lawyer, however, said the channel has 2.4 million subscribers and the direction for its closure is harsh.
On September 25, the top court ordered "forthwith" release of co-accused and YouTuber Shankar who was detained just after his release under the Tamil Nadu Goondas Act.
The order had come after the Tamil Nadu government apprised the bench that the state have revoked his detention order following the opinion of an advisory board on the issue.
Shankar (48) was arrested by the Coimbatore Police from southern Theni on May 4 for alleged derogatory statements about women police personnel and some Madras High Court judges in an interview on the YouTube channel "RedPix 24x7" on April 30, which led to several FIRs against him.
Besides these cases, the YouTuber also faces a case lodged by the Theni Police for the alleged possession of 'ganja'.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
