New Delhi: The Supreme Court on Monday restored the bail granted to Youtuber Duraimurugan Sattai who allegedly made derogatory remarks against Tamil Nadu Chief Minister MK Stalin.
While pronouncing the order, the apex court observed that if before elections, it starts jailing everyone who makes allegations on YouTube, "imagine how many will be jailed?".
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan set aside the order cancelling Sattai's bail while observing that there were no grounds to cancel bail. The bench further queried the Tamil Nadu counsel as to who will decide what is scandalous? The bench urged the state’s counsel to look at the "bigger picture". Advocate M Yogesh Kanna represented Sattai before the apex court.
"If before elections, we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed?" Justice Oka posed to Advocate Mukul Rohatgi, appearing for the state.
The apex court noted that the appellant continues to be on bail for over two years through an interim order. The bench further added that it does not think that by protesting and expressing views the appellant can be said to have misused his liberty. After hearing submissions, the apex court said: “we do not find grounds to cancel bail”.
In November 2021, the Madras High Court had granted Sattai bail in the case where he allegedly made derogatory statements against Stalin. In June 2022, the Madurai Bench of the Madras High Court had cancelled the bail granted to the YouTuber, as he had made certain derogatory remarks against Tamil Nadu CM, in violation of an undertaking given to the court. Sattai moved the apex court against the high court order.
The apex court quashed the Madras High Court, which cancelled his bail and restored the earlier order granting bail. The apex court made it clear that it is needless to say cancellation of bail can be applied for if deemed fit.
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