NEW DELHI: Observing that everyone who makes allegations on social media cannot be put behind bars, the Supreme Court on Monday restored the bail to a YouTuber who was accused of making derogatory remarks against Chief Minister MK Stalin in 2021.
“If before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed,” a bench of justices Abhay S Oka and Ujjal Bhuyan told senior advocate Mukul Rohatgi, appearing for the Tamil Nadu government, as it set aside the order cancelling A Duraimurugan Sattai’s bail.
The apex court said the accused did not misuse his liberty by protesting and expressing his views, and also rejected the state government’s request to impose a condition on Sattai to refrain from making scandalous remarks while on bail.
The court was hearing Sattai’s plea challenging an order of the Madras High Court which cancelled his bail as he had made derogatory remarks against Stalin in violation of an undertaking given to the court.
Sattai was arrested by the police for allegedly making derogatory remarks against Stalin and others but had been granted conditional bail. While seeking bail in a case, Sattai had submitted an affidavit to the court undertaking that he would not pass derogatory remarks against anyone.
“The Internet is [a] wonderful invention that has transformed the lives of many. Even an ordinary man is uploading his day-to-day activities, skills, thoughts, travel experiences on YouTube. In fact, in modern society, in most families, everyday meals are prepared using the videos uploaded on YouTube,” the High Court had said.