NEW DELHI: The Supreme Court on Monday reinstated the bail granted to Youtuber A. Duraimurugan Sattai, who is facing allegations of making derogatory comments against Tamil Nadu chief minister MK Stalin, stating that everyone who makes allegations on social media cannot be jailed.
While noting that there was no evidence of Sattai misusing the freedoms granted to him, Justice Abhay S Oka posed a pertinent question to senior advocate Mukul Rohatgi (appearing for State) during the hearing: “If before elections, we start putting behind bars everyone who makes allegations on Youtube, imagine how many will be jailed?”
The Bench, also comprising Justice Ujjal Bhuyan, further dismissed a request to impose a condition on Sattai to refrain from making scandalous remarks while on bail.The top court questioned who would determine what constitutes scandalous speech.
Sattai had challenged a Madras High Court ruling that canceled his bail after he allegedly breached the conditions set by the court by making disrespectful remarks against the Tamil Nadu CM shortly after being granted relief.
In response to the state’s arguments, Rohatgi pointed out two FIRs filed against Sattai in December 2022 and March 2023. The FIRs related to his involvement in a protest against the demolition of Babri Masjid and his vocal demands for the release of certain detained individuals.
The Supreme Court, upon reviewing the FIRs, concluded that Sattai’s actions did not amount to a misuse of the bail granted to him and reinstated the bail order.
The court emphasized that the reasons cited in the previous order were insufficient to justify the cancellation of bail. “We don’t think that by protesting and by expressing his views, it can be said that the appellant has misused the liberty granted to him (by this Court). Even otherwise we are of the view that the grounds mentioned in the impugned order cannot constitute grounds for cancellation of bail,” the SC Bench noted.
Before concluding the proceedings, the Bench clarified that the State retained the option to seek the cancellation of Sattai’s bail if he were to misuse the liberty provided to him.
(With inputs from agencies)
While noting that there was no evidence of Sattai misusing the freedoms granted to him, Justice Abhay S Oka posed a pertinent question to senior advocate Mukul Rohatgi (appearing for State) during the hearing: “If before elections, we start putting behind bars everyone who makes allegations on Youtube, imagine how many will be jailed?”
The Bench, also comprising Justice Ujjal Bhuyan, further dismissed a request to impose a condition on Sattai to refrain from making scandalous remarks while on bail.The top court questioned who would determine what constitutes scandalous speech.
Sattai had challenged a Madras High Court ruling that canceled his bail after he allegedly breached the conditions set by the court by making disrespectful remarks against the Tamil Nadu CM shortly after being granted relief.
In response to the state’s arguments, Rohatgi pointed out two FIRs filed against Sattai in December 2022 and March 2023. The FIRs related to his involvement in a protest against the demolition of Babri Masjid and his vocal demands for the release of certain detained individuals.
The Supreme Court, upon reviewing the FIRs, concluded that Sattai’s actions did not amount to a misuse of the bail granted to him and reinstated the bail order.
The court emphasized that the reasons cited in the previous order were insufficient to justify the cancellation of bail. “We don’t think that by protesting and by expressing his views, it can be said that the appellant has misused the liberty granted to him (by this Court). Even otherwise we are of the view that the grounds mentioned in the impugned order cannot constitute grounds for cancellation of bail,” the SC Bench noted.
Before concluding the proceedings, the Bench clarified that the State retained the option to seek the cancellation of Sattai’s bail if he were to misuse the liberty provided to him.
(With inputs from agencies)