The Supreme Court on Monday asked the Tamil Nadu government “If before elections, we start putting behind the bars everyone who makes allegations on Youtube, imagine how many will be jailed”, as it (top Court) restored the bail of a YouTuber ‘Sattai’ Durai Murugan, accused of allegedly making a derogatory speech against the Chief Minister M K Stalin in 2021.
Setting aside the Madras High court order cancelling the bail, earlier granted to ‘Sattai’ Durai Murugan on November 2021, a bench of Justices Abhay S Oka and Ujjal Bhuyan observed that he could not be said to have misused the liberty granted to him.
As senior advocate Mukul Rohatgi appearing for Tamil Nadu government urged the bench to impose certain conditions on the Youtuber to dissuade him from making scandalous remarks against the Chief Minister Stalin while on bail, Justice Oka said, “Who shall decide whether a statement is scandalous or not.”
Observing that Murugan did not misuse his liberty by protesting and expressing his views, the bench ordered, “He continues to be on bail for two and half 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 top court order restoring bail to Murugan came while hearing his plea challenging the High Court order cancelling his bail. Cancelling the bail, earlier granted to Murugan, the High Court had observed that within a few days of giving an undertaking before the court, he indulged in further offence and made derogatory remarks against the Tamil Nadu Chief Minister.
It was alleged that Murugan made certain derogatory remarks with an intention to breach public peace and tranquility and 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 Murugan, however, later a division bench of the High Court cancelled his bail. In 2022, the top court had granted him interim bail.