Supreme Court Overturns High Court’s YouTube Channel Closure Order as Bail Condition for Felix Jerald

In a significant ruling on Friday, the Supreme Court criticized the Madras High Court’s condition that required YouTuber Felix Jerald to shut down his channel, “RedPix 24×7”, as part of his bail terms. The apex court declared this requirement as “unwarranted and extraneous,” solidifying its stance from the September 6 order that granted Jerald bail without the contentious condition.

Chief Justice D Y Chandrachud and Justice Manoj Misra presided over the bench that reviewed and ultimately confirmed the bail for Jerald, who had been arrested for airing an interview with another YouTuber, Savukku Shankar, which contained derogatory remarks about judges of the Madras High Court and women police officers. Despite the gravity of the allegations, the Supreme Court stood firm on its previous decision, allowing Jerald’s release on bail while setting aside the directive to close his YouTube channel, citing freedom of expression concerns.

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During the proceedings, the bench engaged with senior advocate Gopal Sankaranarayanan, who represented Jerald. Sankaranarayanan acknowledged the inappropriateness of the aired interview but argued against the harshness of shutting down a channel with a subscriber base of 2.4 million. The court, while condemning the “scurrilous allegations” made in the interview, emphasized that such punitive measures as closing the channel were disproportionate.

The court also addressed the case of co-accused Savukku Shankar, ordering his immediate release following the Tamil Nadu government’s revocation of his detention under the Tamil Nadu Goondas Act. Shankar had been detained shortly after his release, which was based on his derogatory statements in the same controversial interview. He also faces additional charges by the Theni Police for alleged possession of ‘ganja’.

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