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12/07/2023

Stronger The Order, More You Feel It Must Be Looked Into Carefully: CJI Chandrachud On Kerala HC's Order Against Shajan Skariah

Chief Justice DY Chandrachud while staying the arrest of digital media journalist Shajan Skariah, said that the Kerala High Court's order refusing him anticipatory bail was a strong order and that the stronger the order, the more one feels it should be looked into more carefully.

FIR was registered against Shajan Skariah, editor of Marunadan Malayali on a complaint by PV Sreenijin, who is an MLA of the ruling party and the son-in-law of the former Chief Justice of India, K. G. Balakrishnan. The Kerala Police had invoked offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (the Act) for a news video allegedly making false allegations and accusations against the MLA and his father-in-law.

The CJI sitting on a Bench also comprising Justice P.S. Narasimha said, "The High Court has written such a strong order. That is why said, let me first go and see the transcript. Sometimes, the stronger the order the more you feel that we must look into it a little more carefully". During the hearing, the CJI said that he has already seen the transcript of the video created by Shajan Skariah.

At the outset, the CJI told Senior Advocate V. Giri who said that he is appearing for the MLA that it is only a petition for anticipatory bail. "I read the transcript. There is not a whisper of an allegation under the SC ST Act in the statement", the CJI said. The CJI said that though the words "on the ground of caste" is missing in Section 3(1)(r) of the Act, it has to be read in a reasonable manner.

"Your client belongs to the Scheduled Caste, he said something nasty to your client. But this has no implication on your caste status at all", the CJI told Giri. "He says something about your father-in-law, about the judiciary, it may still be defamatory. You can still take whatever other remedies that you have against him but not a case for arrest", the CJI said.
Chief Justice Chandrachud explained this through an example. "Suppose, A is a member of SC has a contract with B. A takes 25 lakhs and does not return that money