The Supreme Court on Friday restored the bail granted to Youtuber A. Duraimurugan Sattai in a case involving allegations of him making defamatory remarks against Tamil Nadu Chief Minister MK Stalin.
The bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan set aside the order cancelling A Duraimirugan Sattai’s bail and stated that he could not be said to have misused the liberty granted to him.
During the hearing, Justice S Oka said to Senior Advocate Mukul Rohatgi, appearing for State, that if before the elections, the court starts putting behind bars everyone who makes allegations on YouTube, he can imagine how many will be jailed.
When the counsel 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. Justice Oka asked Senior Advocate Rohatgi who shall decide whether a statement is scandalous or not.
The Supreme Court was hearing Sattai’s challenge to a Madras High Court order, which cancelled his bail ruling that within a few days of giving an undertaking before the court based on which he was granted relief, the YouTuber indulged in further offence and made derogatory remarks against the Tamil Nadu Chief Minister MK Stalin.
Disappointed by the judgment, YouTuber Sattai moved the Supreme Court. Furthermore, notice was issued on his plea in July, 2022, when the apex court continued the bail granted to him in August, 2021. Notably, Sattai continued to be on bail for over 2.5 years.
In support of the State’s case, Senior Advocate Mukul Rohatgi drew the court’s attention to two FIRs registered against him in December, 2022 and March, 2023. Perusing the FIRs, the Supreme Court noted that the allegations in the same pertained to the participation in a protest condemning demolition of Babri Masjid and Sattai and others speaking furiously and demanding release of certain persons in custody.
Restoring the bail order, the Supreme Court observed that by protesting and by expressing views, it can be said that the appellant has misused the liberty granted to him by the Court. The bench added that they are of view that the grounds mentioned in the impugned order cannot constitute grounds for cancellation of bail.
The bench further clarified that it would be open for the State to approach for cancellation of Sattai’s bail if he misuses the liberty granted.