The Supreme Court has restored the bail granted to a Youtuber who allegedly made derogatory remarks against Tamil Nadu Chief Minister MK Stalin saying that everyone who makes allegations on social media cannot be jailed.

The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, said that there was no evidence to suggest that A Duraimurugan Sattai had misused the liberty granted to him. During the hearing, Justice Oka raised a crucial question, addressing Senior Advocate Mukul Rohatgi, who represented the State, stating, “If before elections, we start putting behind bars everyone who makes allegations on Youtube, imagine how many will be jailed?”

Supreme Court provides relief to Tamil Nadu YouTuber, restoring bail and deeming the arrest for criticism untenable.

NDTV’s Sunil Prabhu with more details. pic.twitter.com/tAx1KBVnt1

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The court also did not entertain the request to impose a condition on Sattai to refrain from making scandalous remarks while on bail. Justice Oka challenged Mukul Rohatgi, asking who would determine whether a statement is scandalous or not.

The case stemmed from Mr Sattai’s challenge to a Madras High Court order, which had cancelled his bail. The High Court had observed that shortly after giving an undertaking before the court, based on which he was granted relief, Mr Sattai had engaged in further offense by making derogatory remarks against the Tamil Nadu Chief Minister.

Seeking justice, Mr Sattai approached the Supreme Court, which issued a notice on his plea in July 2022. The top court continued the bail granted to him in August 2021. Consequently, Mr Sattai remained 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 ruling comes just days ahead of the Lok Sabha elections, voting for which will be held across seven phases starting April 19. The results will be declared on June 4.

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