The Supreme Court has restored the bail granted to a Youtuber who allegedly made derogatory comments against Tamil Nadu Chief Minister MK Stalin, saying anyone making allegations on social media cannot be sent to jail.
The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, said there was no evidence that A Duraimurugan Sattai had abused the liberty granted to him. During the hearing, Judge Oka asked a crucial question. Addressing senior lawyer Mukul Rohatgi, who was representing the state, he said: “If we start putting behind bars everyone who makes allegations on YouTube before the elections, imagine how many people will end up in jail?”
Supreme Court grants relief to Tamil Nadu YouTuber, reinstates bail and finds arrest for criticism unsustainable.
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The court also did not accept the request to impose a condition on Sattai that he is not allowed to make scandalous comments while on bail. Judge Oka challenged Mukul Rohatgi and asked who would decide whether a statement is scandalous or not.
The case arose from Mr Sattai's challenge against a Madras High Court order canceling his bail. The Supreme Court had observed that soon after Mr. Sattai made an undertaking before the court, on the basis of which he was granted relief, Mr. Sattai had committed further offenses by making derogatory remarks against the Chief Minister of Tamil Nadu.
Seeking justice, Mr Sattai approached the Supreme Court, which issued a notice on his plea in July 2022. The High Court continued the bail granted to him in August 2021. As a result, Mr Sattai remained free on bail for more than 2.5 years.
In support of the state's case, Mukul Rohatgi highlighted two FIRs registered against Mr Sattai in December 2022 and March 2023.
The statement comes just days ahead of the Lok Sabha elections, which will be voted on in seven phases from April 19. The results will be announced on June 4.