Supreme Court grants anticipatory bail to Marunadan Malayali Editor Shajan Scaria but cautions him to be careful in his discourse

The Supreme Court on Monday granted anticipatory bail to Shajan Scaria, the editor and publisher of the YouTube Channel Marunadan Malayali, in a case registered against him for allegedly broadcasting a derogatory news item against Member of Legislative Assembly (MLA), PV Sreenijin. [Shajan Scaria v State of Kerala & Anr.].A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha noted that while the statement/ news could be derogatory, it did not prima facie attract offences under the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act. "His statements may be defamatory. But how is it against SC ST Act? There is not a whisper of allegations under SC ST Act...saying somethings about the father in law of the complainant who is from scheduled caste does not bring it under SC ST Act...now if one calls the other a cheater and the person is SC ST.. is it offence under SC ST Act...But should we be teaching him a lesson because we don't approve his statement.. is that an answer. Jail is a very harsh answer you see," the Court observed.The Court, however, noted that the news reports published by him could be defamatory and directed him to be careful about his discourse."Please advise your client. Some level of discourse is always needed. Tell him the bench felt so while protecting him," the bench orally cautioned..The prosecution's case was that Scaria, in his capacity as the editor and publisher of Marunadan Malayali, had telecast a news item containing false, baseless, and defamatory allegations against MLA Sreenijin. It was alleged that the news item was broadcast with the intent to insult MLA Sreenijin, who belongs to a scheduled caste community. A Special Court had dismissed his application for anticipatory bail on June 16.On July 1, the Kerala High Court had refused to grant anticipatory bail noting that, the news item in question contained insults that were intended to humiliate the MLA in public view.During the hearing before apex court today, Senior Advocate V Giri appearing for respondent/complainant argued that since YouTube is a public platform, the matter must be viewed in public interest. "The constituency has been a reserved one for the last 20 years...so when accused say MLA from this constituency then it is known that he belongs to SC/ST," Giri said.To this CJI replied,"We agree with you that it is in bad taste and he did not say nice things. But this can be a case for defamation but not SC/ST Act."CJI Chandrachud further said to Senior Advocate Siddharth Luthra appearing for Scaria to be careful in his discourse..The Court then proceeded to grant anticipatory bail to Scaria. "We issue notice. Mr Ranjit Kumar appears for the state of Kerala. Pending further orders there shall be a stay on arrest of the petitioner...He is a senior journalist you see.. in criminal law you have to see matter strictly as somebody's liberty is at stake."