SC quashes Madras HC's order to close down YouTube channel as bail condition

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 24x7'.

New Delhi: The Supreme Court on Friday quashed the Madras High Court's direction to YouTuber Felix Jerald to close down his channel, as one of the bail conditions, terming it as “unwarranted and extraneous”, days after staying the directive.

A bench of Chief Justice of India D Y Chandrachud and Manoj Misra confirmed its September 6 order granting bail to Jerald without the condition asking him to close down his YouTube channel "RedPix 24x7". The court noted that following its earlier order Jerald has been already released on bail.

Jerald was arrested by the Tamil Nadu police on May 10 from New Delhi for airing an interview with ‘Savukku’ Shankar in which the whistleblower had made defamatory remarks against women police personnel.

"The bail order of September 6 is hereby confirmed," the bench said after taking note of the submissions of senior advocate Gopal Sankaranarayanan, representing the YouTuber.

The court said that one of the bail conditions imposed by the High Court asking Jerald to close down his YouTube channel was “unwarranted and extraneous and accordingly set aside. 

The court, however, made it clear that the other bail conditions will remain operational.

The High Court had directed him to close his YouTube channel Red Pix 24x7 and shall file an affidavit of undertaking before the trial court that he would not indulge in similar type of activities in future. 

Gerald was booked under 294(b) (obscene acts and songs), 509 (word, gesture or act intended to insult the modesty of a woman), and 353 (assault or criminal force to deter public servant from discharge of his duty), of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act and Section 67 of Information Technology Act, 2000.

Gerald and Shankar have been vociferous critic of the DMK government led by Chief Minister M K Stalin. 

Shankar was also put under the preventive detention order passed on August 12 under the Goondas Act, just three days after his previous detention order was quashed by the Madras High Court. On September 25, the apex court, however, ordered his immediate release as the Advisory Board opined that the detention order must be revoked as there was no sufficient cause for such an order.