The Kerala High Court has rejected an appeal filed by Shajan Skaria, the editor and publisher of the YouTube channel Marunadan Malayali. The appeal was against the Special Court's decision to deny him anticipatory bail in a case involving allegations of broadcasting derogatory news against MLA Sreenijin.
The case was registered based on a complaint that Shajan intentionally humiliated Sreenijin by making false allegations and accusations in a video uploaded on his online news channel. Justice V.G. Arun, while upholding the Special Court's order, stated that there was prima facie material to attract the offense under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
According to the prosecution, the news item telecast by Shajan contained false and defamatory allegations against the complainant, who belongs to a scheduled caste, with the intention to insult him. It was further alleged that the news item promoted feelings of enmity, hatred, or ill-will against members of the scheduled caste or scheduled tribe.
The Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Honey M. Varghese, found the allegations leveled by Shajan against MLA Sreenijin to be insulting and defamatory. The court determined that Shajan was aware of the complainant's scheduled caste status and that the publication of the derogatory comments through his YouTube channel was sufficient to invoke the offense under the SC/ST (Prevention of Atrocities) Act.
In the appeal, Shajan argued that he had no intention to insult the complainant in the eyes of the general public. He claimed that the video did not mention the caste or community of the complainant and that the offense under the SC/ST (Prevention of Atrocities) Act was not applicable.
However, MLA Sreenijin countered that Shajan had clear knowledge of his scheduled caste background and intentionally humiliated him in public through false allegations and intimidations in the video. The complainant alleged that Shajan's statements were defamatory, misleading, and intended to insult and humiliate him, suggesting that he was not capable of holding the position of an MLA due to his caste.
The court found merit in MLA Sreenijin's arguments, stating that Shajan intentionally promoted enmity, hatred, and ill-will against the complainant through his video. It emphasized that Section 3(1)(r) of the Act applies to situations where a person, who is not a member of a scheduled caste or scheduled tribe, intentionally insults or intimidates with the intent to humiliate a member of such a community in public view.
With the High Court dismissing Shajan Skaria's appeal, the case will proceed as per the orders of the Special Court for the Offenses under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
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