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Synopsis

The Supreme Court today suspended the sentence imposed on alleged activist ‘Savukku’ Shankar for criminal contempt of court over his tweet against Justic G R Swaminathan.

A bench of Justices Sanjiv Khanna and JK Maheshwari has suspended the six months of simple imprisonment awarded to Shankar by the Madurai Bench of the Madras High Court.

Justice G R Swaminathan of the Madras High Court, had in July, taken suo motu cognizance of alleged activist ‘Savukku’ Shankar for criminal contempt of court over his tweet against him.

According to the contempt order, the tweet implied that Justice Swaminathan was influenced when he quashed a First Information Report (FIR) in December 2021 against YouTuber Maridhas.

Shankar, in the Tweet, questioned the judge as to whom he had met at 6 am in Alagar temple in Madurai, while hearing Maridhas’ case.  The order reads, “By this innuendo, Thiru Shankar is suggesting that the outcome of the Maridhas case was influenced by the person I am alleged to have met. This is clearly scandalising the judiciary. Prima facie Thiru. Shankar had committed criminal contempt.”

Justice Swaminathan, in the order, had stated that he believed in freedom of speech and expression, however, Shankar had crossed the ‘Lakshman Rekha. The Judge stated that while he felt that Shankar can pass any comments on his judgments, his tweet questioned his integrity by using undesirable words.

“He (Shankar) is unsparing in his attack on individuals and institutions including the judiciary. While even strident criticism is permissible, defamatory vilification is not.” the order initiating contempt had noted.

Justice Swaminathan has further expressed that Shankar had been focusing his gaze on him for the last several months and had commented on many of his judgments in the most uncharitable language and his attacks had often been personal.

Case Title: Savuku Shankar Vs Registrar (Judicial)