SC restores bail to YouTuber accused of making derogatory remarks against Stalin; raises concerns about potential increase in pre-election arrests

The Supreme Court restored bail to a YouTuber accused of making derogatory remarks against Tamil Nadu CM Stalin in 2021, stating not all social media allegations warrant jail time. The court rejected imposing a ban on scandalous remarks while on bail, emphasizing the importance of free expression online. The accused had violated a court undertaking by making derogatory remarks, leading to the cancellation of his bail by the Madras High Court. The Internet has revolutionized daily life, with YouTube playing a significant role in sharing skills and experiences.

Observing that everyone who makes allegations on social media cannot be put behind bars, the Supreme Court on Monday restored the bail to a YouTuber who was accused of making derogatory remarks against Tamil Nadu Chief Minister MK Stalin in 2021.

''If before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed?''a bench of justices Abhay S Oka and Ujjal Bhuyan told senior advocate Mukul Rohatgi, appearing for the Tamil Nadu government, as it set aside the order cancelling A Duraimurugan Sattai's bail, The apex court said that the accused did not misuse his liberty by protesting and expressing his views and also rejected the request of the state government to impose a condition on Sattai to refrain from making scandalous remarks while on bail.

The court was hearing Sattai's plea challenging an order of the Madras High Court which cancelled his bail as he had made certain derogatory remarks against Stalin in violation of an undertaking given to the court.

While seeking bail in a case, Sattai had submitted an affidavit to the court undertaking that he would not pass derogatory remarks against anyone.

Sattai was arrested by the police for allegedly making derogatory remarks against Stalin and others but had been granted conditional bail. ''Scientific inventions are made for the welfare of mankind. The Internet is one such wonderful invention that has transformed the lives of many.

''Even an ordinary man is uploading his day-to-day activities, skills, thoughts, travel experiences on YouTube. In fact, in modern society, in most families, everyday meals are prepared using the videos uploaded on YouTube,'' the high court had said.

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