Special bench for YouTubers’ cases: Madras High Court junks plea

The Madras High Court has refused to order the constitution of a special bench to hear cases related to public-spirited individuals, journalists, and YouTubers like ‘Savukku’ Shankar, alias A. Shankar, of Savukku Media, and G. Felix Jerald of Redpix Media.

The Madras High Court has refused to order the constitution of a special bench to hear cases related to public-spirited individuals, journalists, and YouTubers like ‘Savukku’ Shankar, alias A. Shankar, of Savukku Media, and G. Felix Jerald of Redpix Media.

First Division Bench of Acting Chief Justice D. Krishnakumar and Justice P.B. Balaji dismissed a public interest litigation (PIL) petition filed by S. Muralidharan and held that no person had the right to invoke the writ jurisdiction and seek a direction to constitute a special bench.

“The relief sought (in the present PIL petition) has the undertones of commanding a direction from a Division Bench presided over by the Chief Justice on the judicial side to the Chief Justice on the administrative side to constitute a special bench,” the judges wrote.

Arguing the case in person, the petitioner had claimed that the State government had been gagging journalists, particularly YouTubers, who act as whistleblowers and expose scams committed by those in power. He cited the cases booked against ‘Savukku’ Shankar and others.

He told the court that social media adds strength to the fourth pillar of democracy even though its content and lingo could be toxic at times. He prayed for a direction to constitute a special bench to fast-track the hearing of cases related to journalists, YouTubers, and other public-spirited individuals.

On the other hand, senior counsel P.M. Subramaniam, representing the High Court’s Registrar General, said the Chief Justice was the master of the roster who had the prerogative to constitute benches and allocate portfolios on the administrative side, and no such judicial direction could be issued to them.

Concurring with his submissions, the Division Bench said a Chief Justice enjoys the special status of being the first among the equals (all other judges) on the judicial side of a High Court but having the entire control of the High Court on the administrative side.