NEW DELHI: "If before every election, the court starts jailing everyone, who makes allegations on YouTube, imagine how many will be jailed," the Supreme Court on Monday told the Tamil Nadu government while rejecting its plea against the bail granted to YouTuber Duraimurugan Sattai.
The DMK government led by senior advocate Mukul Rohatgi argued that the YouTuber allegedly made derogatory remarks against Chief Minister M K Stalin.
aA bench of Justices Abhay S Oka and Ujjal Bhuyan, however, restored the bail granted to Sattai and set aside the order cancelling his bail.
Maintaining that there were no grounds to cancel bail, the bench asked the Tamil Nadu counsel, "Who will decide what is scandalous?"
The bench also asked the states counsel to look at the "bigger picture".
Advocate M Yogesh Kanna represented Sattai before the apex court.
The court noted that the appellant continued to be on bail for over two years by an interim order.
"We do not think that by protesting and expressing views the appellant can be said to have misused his liberty," the bench said.
In November 2021, the Madras High Court had granted Sattai bail in the case where he allegedly made derogatory statements against Stalin.
In June 2022, the Madurai Bench of the Madras High Court had cancelled the bail granted to the YouTuber, for he had made certain derogatory remarks against Tamil Nadu CM, in violation of an undertaking given to the court. Sattai moved the apex court against the high court order.
The court quashed the Madras High Court, which cancelled his bail and restored the earlier order granting bail.
The bench, however, clarified the cancellation of bail can be applied for if deemed fit.
