The Kerala High Court has rejected the request for anticipatory bail by Shajan Scaria, the editor and publisher of Marunadan Malayali, a YouTube channel. Scaria was charged with broadcasting a derogatory news item about Member of Legislative Assembly (MLA) PV Sreenijin. The court stated that a prima facie case had been established against Scaria under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act).

The news item in question was found to contain insulting remarks intended to publicly humiliate the MLA. The court emphasized that Section 3(1)(r) of the SC/ST Act does not require explicit mention of the victim's caste name to attract the offense. The allegations against Scaria involved serious accusations, including murder, insinuations against the MLA's father-in-law, and the labeling of the MLA as a "Mafia Don."

Scaria had appealed against the Special Court's order, which had previously denied his application for anticipatory bail. The prosecution contended that Scaria, as the editor and publisher, had broadcast false, baseless, and defamatory allegations against MLA Sreenijin with the intent to insult him due to his scheduled caste background. The Special Court concluded that Scaria's knowledge of the MLA's caste identity was sufficient to invoke the provisions of the SC/ST Act, thereby rejecting his anticipatory bail plea.

In his appeal before the High Court, Scaria questioned whether the SC/ST Act aimed to grant immunity to politicians from media criticism or allegations of corruption solely based on their scheduled caste or scheduled tribe status. Scaria acknowledged broadcasting a video about the MLA but denied any intention to insult him. He claimed that the video was based on research and information from reliable sources. Additionally, Scaria highlighted that he had removed the controversial video from public view after the filing of the First Information Report (FIR) against him.

However, the High Court concluded that there was prima facie evidence suggesting that Scaria had intended to insult the MLA, who belongs to a scheduled caste, in public view. Consequently, the court dismissed Scaria's appeal.

Advocates Thomas J Anakkalunkal, Jayaraman S, Litty Peter, Anupa Anna Jose Kandoth, and Melba Mary Santosh represented Scaria in the case.

Case Title: Shajan Scaria v State of Kerala & Anr.