HC bail direction ordering closure of YouTube channel 'unwarranted', 'extraneous': SC

The Supreme Court on Friday termed as “unwarranted and extraneous” the Madras High Court directive to YouTuber Felix Jerald to close down his channel as one of the bail conditions.

The top court also confirmed its September 6 order granting bail to Jerald sans the condition asking him to close down his YouTube channel “RedPix 24×7”.

“The bail order of September 6 is hereby confirmed,” a bench of Chief Justice D Y Chandrachud and Manoj Misra said after taking note of the submissions of senior advocate Gopal Sankaranarayanan, appearing for the YouTuber.

The bench noted that following its earlier order Jerald has been already released on bail.

“One of the bail conditions (imposed by the high court) asking him to close down his YouTube channel was unwarranted and extraneous and we accordingly set aside that condition,” the bench said, adding the other bail conditions will remain operational.

Jerald was arrested for hosting an “objectionable” interview of another YouTuber Savukku Shankar on his YouTube channel. Shankar was also arrested.

In the interview, Shankar made certain comments against Madras High Court judges and women police officers of the state. The high court, which granted bail to both YouTubers, had asked Jerald to close down his channel as one of the conditions.

Earlier, the bench had issued a notice to the state government and stayed the particular direction on closure of the channel.

It, however, had asked him to comply with other bail conditions.

“You are making scurrilous allegations against the judiciary and all women IPS officers. Why do you host such interviews?” the CJI had asked.

Sankaranarayanan had said such an interview should not have been shown.

The senior lawyer, however, said the channel has 2.4 million subscribers and the direction for its closure is harsh.

On September 25, the top court ordered “forthwith” release of co-accused and YouTuber Shankar who was detained just after his release under the Tamil Nadu Goondas Act.

The order had come after the Tamil Nadu government apprised the bench that the state have revoked his detention order following the opinion of an advisory board on the issue.

Shankar (48) was arrested by the Coimbatore Police from southern Theni on May 4 for alleged derogatory statements about women police personnel and some Madras High Court judges in an interview on the YouTube channel “RedPix 24×7” on April 30, which led to several FIRs against him.

Besides these cases, the YouTuber also faces a case lodged by the Theni Police for the alleged possession of ‘ganja’.