Today(on 8th April), Supreme Court reinstates bail for YouTuber ‘Sattai’ Durai Murugan accused of derogatory speech against Tamil Nadu CM MK Stalin.
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NEW DELHI: The Supreme Court of India, Today(on 8th April), has reinstated the bail previously granted to well-known YouTuber ‘Sattai’ Durai Murugan. Durai Murugan had been accused of making a derogatory speech against Tamil Nadu Chief Minister MK Stalin in 2021. This decision comes as a relief to Durai Murugan, allowing him to continue his activities without the restrictions of incarceration.
A Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan remarked-
“If we were to detain every individual who makes accusations on YouTube prior to elections, consider the vast number who would be incarcerated. Furthermore, who determines what constitutes scandalous? Let’s consider the broader perspective.”
The Court said that Murugan did not misuse his liberty by protesting and expressing his views.
“Permission granted. The bail initially granted to the appellant was rescinded by the contested order. This Court had previously extended interim bail, ensuring his bail status for 2.5 years… Nevertheless, we find no justifiable grounds for the bail revocation. Consequently, we annul the High Court’s decision to cancel the bail and reinstate the prior bail order. It’s important to acknowledge that the cancellation of bail can be pursued if deemed necessary.”
-the order stated.
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Representing the State of Tamil Nadu, Senior Advocate Mukul Rohatgi appeared before the Court. The prosecution had accused Durai Murugan and other members of the Naam Tamilar Katchi (NTK) party of gathering in violation of COVID-19 norms after they were denied permission to stage a protest. It was alleged that during this gathering, Durai Murugan had made derogatory remarks with the intention of breaching public peace and tranquillity.
The complainant, a member of the DMK, had come across the petitioner’s speech and another individual’s speech on a YouTube Channel named Ravana. These speeches involved mocking CM Stalin. Based on this complaint, the police registered a case, leading to Durai Murugan’s arrest in October 2021.
![[BREAKING] SC Restores Bail of YouTuber 'Sattai' Durai Murugan Accused of 'Derogatory Speech' Against TN CM MK Stalin](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/04/image-89.png?resize=819%2C1024&ssl=1)
In November 2021, the Madras High Court had granted bail to Durai Murugan. However, a Division Bench of the High Court later canceled the bail. Subsequently, in 2022, the Supreme Court granted interim bail to Durai Murugan, enabling him to remain out on bail since then.
The restoration of Durai Murugan’s bail by the Supreme Court sets a precedent for the protection of freedom of expression and dissent. The Court’s decision recognizes the importance of balancing individual rights and public order. It highlights the need to carefully consider the impact of restricting individuals’ liberties, particularly in cases involving allegations made on digital platforms like YouTube.
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The enforcement of COVID-19 norms during protests and demonstrations. The case serves as a reminder to authorities to strike a balance between public health concerns and the right to protest, ensuring that restrictions are reasonable, proportional, and consistent with constitutional principles.
