The Supreme Court on Monday restored the bail granted to a YouTuber who was accused of making a derogatory speech against Tamil Nadu 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 top court bench of justices Abhay S Oka and Ujjal Bhuyan observed while setting aside the order cancelling bail to ‘Sattai’ Durai Murugan and opined that he could not be said to have misused the liberty granted to him, ANI reported.

During the hearing, senior advocate Mukul Rohatgi while representing the state had requested the Supreme Court to impose condition on Murugan so that he does not make any ‘scandalous’ remarks while on bail. 

“Who shall decide whether a statement is scandalous or not,” the bench told 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. 
 

What is the case about?

The Supreme Court was hearing the YouTuber’s plea in which he challenged a Madras high court order that cancelled his bail. The HC had observed that within a few days of giving an undertaking before the court (based on which he was granted relief), he indulged in further offence and made derogatory remarks against the Tamil Nadu chief minister.

He allegedly made derogatory remarks with an intention to breach public peace and tranquillity. On a complaint of a DMK member, police registered a case against him. Murugan was arrested in October 2021.

The Madras High Court had in November 2021 granted bail to the YouTuber. However, later a division bench of the High Court cancelled his bail. In 2022, the apex court had granted interim bail to Murugan.

(With ANI inputs)