'If Everyone Who Makes Allegations On YouTube Is Arrested, How Many Will Be Jailed Before Elections?' : Supreme Court Asks TN Govt

The Supreme Court today restored the bail granted to Youtuber A. Duraimurugan Sattai in a case involving allegations of his making derogatory remarks against Tamil Nadu Chief Minister MK Stalin.

The Bench of Justices Abhay S Oka and Ujjal Bhuyan set aside the order cancelling Sattai's bail and opined that he could not be said to have misused the liberty granted to him.

Notably, Oka J posed to Sr Adv Mukul Rohatgi (appearing for State) during the hearing, "If before elections, we start putting behind bars everyone who makes allegations on Youtube, imagine how many will be jailed?"

When it was requested that the court impose a condition on the Youtuber so that he does not make any scandalous remarks while on bail, the Bench was not convinced. Oka J asked Rohatgi who shall decide whether a statement is scandalous or not.

The court was hearing Sattai's challenge to a Madras High Court order, which cancelled his bail observing that within a few days of giving an undertaking before the court (based on which he was granted relief), Sattai indulged in further offence and made derogatory remarks against the Tamil Nadu CM.

Aggrieved by the order, Sattai approached the Supreme Court. Notice was issued on his plea in July, 2022, when the top Court continued the bail granted to him in August, 2021. As such, Sattai continued to be on bail for more than 2.5 years.

In support of the State's case, Rohatgi drew the court's attention to two FIRs registered against him in December, 2022 and March, 2023.

Perusing the FIRs, the Court noted that the allegations in the same pertained to (i) participation in a protest condemning demolition of Babri Masjid and (ii) Sattai and others speaking furiously and demanding release of certain persons in custody.

"We don't think that by protesting and by expressing his views, it can be said that the appellant has misused the liberty granted to him (by this Court). Even otherwise we are of the view that the grounds mentioned in the impugned order cannot constitute grounds for cancellation of bail", the Supreme Court observed and restored the bail order.

Before parting with the matter, the Bench clarified that it would be open for the State to approach for cancellation of Sattai's bail if he misuses the liberty granted.

Case Title: A.DURAIMURUGAN PANDIYAN SATTAI @ DURAIMURUGAN Versus STATE REP. BY THE INSPECTOR OF POLICE AND ANR., SLP(Crl) No. 6127/2022

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