The Supreme Court, on Monday, reinstated the bail granted to YouTuber ‘Sattai’ Durai Murugan, who faced accusations of delivering a derogatory speech against Tamil Nadu Chief Minister MK Stalin in 2021.
During the proceedings, the Supreme Court noted, “If before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed?”
A Bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan overturned the order that revoked Murugan’s bail, stating that there was no evidence to suggest that he had misused the liberty granted to him.
When senior advocate Mukul Rohatgi, representing the State, suggested imposing conditions on Murugan’s bail to prevent him from making scandalous remarks, the bench responded, “Who shall decide whether a statement is scandalous or not.” The court observed that Murugan had not abused his freedom by peacefully protesting and expressing his views.
The Supreme Court ordered, “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 case stemmed from allegations that Murugan made derogatory remarks with the intention to disrupt public peace and tranquillity. Following a complaint from a DMK member, police registered a case against him, leading to his arrest in October 2021.
While the Madras High Court initially granted him bail in November 2021, a division bench later revoked it. In 2022, the Supreme Court granted Murugan interim bail.
