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The Supreme Court on Monday restored the bail granted to a YouTuber Sattai Durai Murugan in a case relating to the alleged derogatory remarks made against Tamil Nadu Chief Minister MK Stalin in October 2021, news agency PTI reported.
“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 while setting aside the order cancelling bail to Murugan.
The apex court said that the YouTuber could not be said to have misused the liberty granted to him while expressing his views, the court also rejected the request of the Tamil Nadu government to impose a condition on Murugan to refrain from making scandalous remarks while on bail.
“Who shall decide whether a statement is scandalous or not,” the court asked Rohatgi.
“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 bench ordered.
The top court clarified that the state government may approach it again for the cancellation of Murugan’s bail if such grounds arise.
The apex court was hearing Murugan’s plea challenging a Madras High Court order cancelling his bail in 2021. The High Court cancelled the bail on the grounds that Murugan went on to make more allegedly derogatory remarks against Stalin despite providing assurances to the contrary.
The YouTuber was arrested by the Tamil Nadu police in October 2921 for allegedly making derogatory remarks against Stalin and others but had been granted conditional bail.
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Published: 08 Apr 2024, 09:21 PM IST
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