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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Bhojshala case: Disputed structure built from remains of pre-existing temples, claims ASI
Indore (PTI): The ASI has told the Madhya Pradesh High Court that a massive structure dating back to the Paramara kings' rule existed at the disputed Bhojshala temple-Kamal Maula mosque complex, and the current structure was built from the remains of temples.
The Archaeological Survey of India (ASI) made the claim on Tuesday based on its 98-day scientific survey and over 2,000-page report.
The Hindu community considers Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side claims the monument as the Kamal Maula Mosque. The disputed complex is protected by the ASI.
During the hearing before Justices Vijay Kumar Shukla and Alok Awasthi of the HC's Indore bench, Additional Solicitor General Sunil Kumar Jain, representing the ASI, presented a detailed account of the scientific survey conducted two years ago at the complex.
Referring to the ASI's survey report, he said, "Retrieved architectural remains, sculptural fragments, large slabs of inscriptions with literary texts, Nagakarnika inscriptions on pillars, etc, suggest that a large structure associated with literary and educational activities existed at the site. Based on scientific investigations and archaeological remains recovered during the investigations, this pre-existing structure can be dated to the Paramara period."
It can be said that the existing structure was made from the parts of earlier temples, based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, Jain said quoting the report.
Summarising the report, he also drew the court's attention to the fact that the archaeological study identifies that many architectural components, such as pillars and beams, were originally part of temple structures before being repurposed for a mosque.
"The evidence of this transition includes Sanskrit and Prakrit inscriptions that were damaged or hidden, alongside sculptures of deities and animals that were often mutilated or defaced," Jain contended.
The report also states that "all Sanskrit and Prakrit inscriptions are older than the Arabic and Persian inscriptions, indicating that users or engravers of the Sanskrit and Prakrit inscriptions occupied the place earlier".
In light of the Muslim side's earlier objections, the bench wanted to know why there were some discrepancies in the ASI's responses regarding the status of the disputed complex in the cases filed over the years.
The Additional Solicitor General argued that earlier studies of the complex involved only officials, while the current survey involved scientists and the use of advanced technologies such as Ground Penetrating Radar (GPR).
The hearing in the Bhojshala case will continue on Wednesday.
The high court has been regularly hearing four petitions and one writ appeal regarding the religious nature of the Bhojshala temple-Kamal Maula mosque complex since April 6.
