SC: ‘If we jail everyone who makes claims on YouTube, imagine how many will be in prison’

The Supreme Court has set aside an order that cancelled bail to a YouTuber, who was arrested over his alleged derogatory remarks against Tamil Nadu Chief Minister MK Stalin in 2021, LiveLaw reported.

“If before elections, we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed,” said a bench of Justices Abhay S Oka and Ujjal Bhuyan, according to the report.

The court was hearing A Duraimurugan Sattai’s petition against a Madras High Court, which had cancelled his bail while observing that he made the alleged remarks against the CM despite giving an undertaking before.

Appearing for the state government, Mukul Rohatgi pointed to two FIRs against Sattai that were filed in December, 2022, and March, 2023.

The prosecution had claimed that Sattai and other members of the Naam Tamilar Katchi party gathered in violation of Covid norms after they were denied permission to stage a protest, Bar and Bench reported. During this gathering, Sattai allegedly made derogatory remarks, and the complainant, a member of the DMK, saw that speech and another on a YouTube Channel called Ravana.

However, the court said that Sattai did not misuse his liberty. “This Court continued interim bail earlier; he continues to be on bail for 2.5 years...All the same, we do not find grounds to cancel bail. We thus quash the High Court order cancelling bail, and restore the earlier order granting bail. Needless to say, cancellation of bail can be applied for if deemed fit,” the order stated, according to the report.

The Supreme Court had granted him interim bail in 2022.