India's Supreme Court has prevented the arrest of a secular Catholic journalist in a case filed by a communist lawmaker under a special law meant to prevent atrocities against Dalits (former untouchables).
“Pending further orders, there shall be a stay of arrest,” said Chief Justice DY Chandrachud and Justice PS Narasimha while hearing a petition by Shajan Skaria, editor of online news channel Marunadan Malayali, after a complaint by P.V. Sreenijin under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Skaria has been on the run to avoid arrest since June 9, when police in southern Kerala state registered a case against him under the non-bailable section of the special law.
Skaria challenged the Kerala High Court's dismissal of his anticipatory bail application in India’s Supreme Court.
Both Skaria and communist lawmaker Sreenijin hail from Kerala which is ruled by the Communist party.
A sitting legislator of the ruling Communist Party of India (Marxist), P V Sreenijin accused Skaria of defaming him and promoting feelings of enmity, hatred, or ill-will against members of the Dalit community through one of his news bulletins broadcast on May 24. Sreenijin hails from a Dalit community.
“The Supreme Court order has once again proved that the Indian judiciary is still there to protect people from government-backed atrocities against them,” said Father Jacob G Pakkappilly, spokesman of the Kerala Catholic Bishops’ Council, a regional bishops’ body.
“The top court's ruling has definitely come as a beacon of hope for media people who have been increasingly facing state-sponsored atrocities when they do not toe the line of the government in power like in the case of Skaria,” the priest told UCA News on July 11.
“It is not necessary that we all agree with the journalism of Skaria but we are for freedom of the press and free speech,” the priest said.
“Any sort of unwarranted restrictions on the media is not justified.”
In their ruling on July 10, the Supreme Court judges observed that “his [Skaria’s] statements may be defamatory, but these are not offenses under the SC/ST Act.”
The top court will take up the matter for hearing in three weeks and issued notices to the Kerala government.
Police in Kerala had started a manhunt for Skaria, who was absconding. Police raided the channel offices and seized computers, laptops, cameras and cell phones of its employees without a court order.
The police also searched the houses of employees and their close relatives as part of the manhunt for Skaria which was slammed by the Kerala High Court.
Justice P V Kunhikrishnan asked the police to return the seized mobile phones.
Skaria has been under constant attack from influential leaders and members of the ruling Communist Party after he accused communist chief minister, Pinarayi Vijayan, and other ministers of corruption.
P. V. Anwar, a communist legislator, openly threatened to shut down Skaria’s channel with a subscription of 2.51 million after Skaria exposed his alleged corruption and other illegal activities.
A Christian, Skaria’s criticism of political Islam further divided people on religious lines and helped Anwar get support from the Muslim community.