‘If We Jail Everyone Who Makes Allegations on YouTube Imagine How Many will be in Prison?’: SC

The Supreme Court on Monday reinstated the bail granted to YouTuber ‘Sattai’ Durai Murugan, who faced accusations of making a derogatory speech against Tamil Nadu Chief Minister MK Stalin in 2021.

A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan observed, “If before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed?”

The bench set aside the order revoking Murugan’s bail and expressed the opinion that he could not be deemed to have abused the liberty granted to him. When senior advocate Mukul Rohatgi, representing the State, urged the apex court to impose conditions on the YouTuber to prevent him from making any scandalous remarks while on bail, the bench told Rohatgi, “Who shall decide whether a statement is scandalous or not.”

Observing that Murugan had not abused his liberty by protesting and expressing his views, the apex court decreed, “He remains on bail for 2.5 years. Nevertheless, we discern no grounds to annul bail. Thus, we nullify the High Court order annulling bail and reinstate the prior order granting bail. It goes without saying, annulment of bail can be pursued if deemed appropriate.”

The highest court was considering Murugan’s plea contesting a Madras High Court ruling, which revoked his bail, noting that shortly after providing an assurance before the court (on which his relief was based), he engaged in further misconduct and made disparaging remarks against the Tamil Nadu Chief Minister.

The apex court was hearing Murugan’s appeal contesting a Madras High Court decision, which revoked his bail, noting that shortly after providing an assurance to the court (on which his relief was granted), he committed another offense and uttered disrespectful remarks against the Tamil Nadu Chief Minister.

Murugan purportedly uttered derogatory remarks with the intent to disturb public peace and tranquility.

Following a complaint by a DMK member, police filed a case against him. Murugan was apprehended in October 2021.

The Madras High Court had released Murugan on bail in November 2021; nevertheless, subsequently, a division bench of the High Court revoked his bail. In 2022, the apex court had granted Murugan with interim bail.