The Apex Tribunal reinstated the bail previously granted to Duraimurugan Sattai, a YouTuber accused of making defamatory comments against Tamil Nadu’s Chief Minister, MK Stalin.

In its pronouncement, the apex court contemplated that were it to incarcerate all who levy accusations via YouTube prior to elections, the ramifications would be extensive.

A panel comprising Justices Abhay S Oka and Ujjal Bhuyan annulled the ruling revoking Sattai’s bail, contending that there were insufficient grounds for such annulment. The panel further interrogated the Tamil Nadu representative regarding the determination of what constitutes scandalous behavior, urging them to consider the broader implications. Sattai was represented by Advocate M Yogesh Kanna before the apex court.

Justice Oka, addressing Advocate Mukul Rohatgi representing the state, posed the hypothetical scenario of the pre-election incarceration of all who make accusations on YouTube, illustrating the potential mass incarceration.

The apex court observed that the appellant had remained on bail for a period exceeding two years pursuant to an interim order. Additionally, the panel opined that the exercise of protesting and expressing opinions by the appellant did not constitute a misuse of liberty. Following the presentations, the apex court concluded that there were no justifiable grounds for bail cancellation.

In November 2021, the Madras High Court had granted bail to Sattai in the case involving alleged derogatory remarks against Stalin. Subsequently, in June 2022, the Madurai Bench of the Madras High Court rescinded the bail granted to the YouTuber due to derogatory comments made against the Tamil Nadu CM, contravening a commitment made to the court. Sattai appealed the high court’s decision to the apex court.

The apex court overturned the Madras High Court’s decision to revoke his bail and reinstated the prior bail order. The apex court emphasized that the cancellation of bail could only be sought if deemed necessary.