Kerala Court refuses anticipatory bail to Marunadan Malayali Editor Shajan Scaria booked under SC/ST Act for news against MLA PV Sreenijin

A Kerala court on Friday dismissed the anticipatory bail application of Shajan Scaria, editor and publisher of the YouTube Channel Marunadan Malayali for allegedly broadcasting a derogatory news item against MLA PV Sreenijin [Shajan Skaria v SHO & Anr.]..Judge Honey M Varghese said that Scaria had knowledge that MLA Sreejin belongs to the scheduled caste (SC) community and hence, the publication of the said news item was sufficient to attract the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act). .The special court under the SC/ST Act was considering an anticipatory bail application filed by Scaria who is charged with offences under Sections 3 (1)(r) and 3(1)(u) of the SC/ST Act and Section 120(0) of the Kerala Police Act.The prosecution case is that Scaria in his capacity as the editor and publisher of Marunadan Malayali, telecast a news item containing false, baseless, and defamatory allegations against the de facto complainant, MLA Sreenijin.It was alleged that the news item was broadcast with the intent to insult MLA Sreenijin who belongs to the SC community.The counsel representing Scaria argued that the said news item was published to show the maladministration of a sports hostel at the instance of MLA Sreenijin, who is the chairman of the District Sports Council.It was not published with the knowledge that the MLA belongs to SC community, he further argued.Besides, the news item did not mention anything about the caste or community of the MLA, it was pointed out. The counsel representing MLA Sreenijin and the public prosecutor refuted the arguments of the petitioner.They contended that there is a high chance that Scaria knows that MLA Sreenijin belonged to SC community as he was elected in a slot reserved for SC community in the legislative assembly election.The counsel representing the MLA further contended that the news item presented before the Court was an edited version and in the earlier version, Scaria had addressed MLA Sreenijin as ‘mafia don’..The Court noted that Scaria had removed the news item which he initially published addressing the MLA as a ‘Mafia don’.“The act on the side of the petitioner (Scaria) withdrawing the said item is an appreciable one but at the very same time it fortifies the fact that they themselves considered it as a derogative comment,“ the Court opined.Therefore, the Court said that Scaria had knowledge that MLA Sreejin belonged to the SC community and hence, the publication of the said news item was sufficient to attract the offence under the SC/ST Act.“Hence, the contention of the learned counsel for the petitioner (Scaria) that materials are insufficient to constitute the offence alleged against him prima-facie as he never intended to insult the de facto complainant with the knowledge that he belongs to Schedule Caste can only be rejected. On the basis of the above discussion, I hold that the allegation is prima facie sufficient to attract the offence under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, and hence the bar under section 18 is squarely applicable in this case,” the court said.Hence, it dismissed the anticipatory bail plea..[Read Judgment]