Introduction:
In a recent development, a Kerala High court has rejected the anticipatory bail application of Shajan Scaria, the editor and publisher of the popular YouTube channel Marunadan Malayali. Scaria stands accused of broadcasting a derogatory news item about MLA PV Sreenijin. The court stated that Scaria's knowledge of the MLA's scheduled caste (SC) status makes the publication of the news item a potential offense under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act).

Allegations and Charges:
Scaria is facing charges under Sections 3(1)(r) and 3(1)(u) of the SC/ST Act and Section 120(0) of the Kerala Police Act. The prosecution alleges that as the editor and publisher of Marunadan Malayali, Scaria aired a news item that contained false, baseless, and defamatory allegations against MLA Sreenijin. The news item was allegedly intended to insult the MLA, who belongs to the SC community.

Argument from the Defense:
Scaria's counsel argued that the news item was published to highlight the mismanagement of a sports hostel connected to MLA Sreenijin, who chairs the District Sports Council. They contended that Scaria had no knowledge of the MLA's SC status and that the news item did not mention anything about his caste or community.

Prosecution's Response:
The counsel representing MLA Sreenijin and the public prosecutor challenged the petitioner's arguments. They pointed out that as MLA Sreenijin was elected in a reserved seat for the SC community in the legislative assembly election, there was a high likelihood that Scaria knew about his caste. Furthermore, they claimed that the news item presented in court was an edited version, and in the original version, Scaria had referred to MLA Sreenijin as a "mafia don."

Court's Observations and Decision:
The court noted that Scaria had indeed removed the news item initially published where he addressed the MLA as a "Mafia don." While appreciating this action, the court believed it confirmed that the remark was derogatory. Consequently, the court determined that Scaria had knowledge of MLA Sreenijin's SC status, making the publication of the news item potentially punishable under the SC/ST Act. The court dismissed Scaria's anticipatory bail plea, citing that the allegations were prima facie sufficient to attract the offense under the SC/ST Act.

Conclusion:
With the Kerala court refusing anticipatory bail to Marunadan Malayali Editor Shajan Scaria, the case involving the alleged defamatory news item against MLA PV Sreenijin takes a significant turn. The decision highlights the court's interpretation of the SC/ST Act and its emphasis on preventing atrocities against marginalized communities. This case serves as a reminder of the legal consequences associated with publishing content that could potentially incite hatred or insult individuals belonging to protected groups.

Case Title: Shajan Skaria v SHO & Anr.