“How many people are you sending to jail before the elections?”

New Delhi: The Supreme Court has restored the bail granted to a YouTuber who made derogatory remarks against Tamil Nadu Chief Minister MK Stalin and said not everyone who makes allegations on social media can be sent to jail.

A bench of Justices Abhay S Oka and Ujjal Bhuyan said there was no evidence to suggest that A Duraimurugan misused the freedom given to Sattai. Addressing senior lawyer Mukul Rohatgi, who represented the state, during the hearing, Justice Oka said, “If we start putting every YouTube accused behind bars before the elections, imagine how many people will go to jail?” He asked.

The court did not consider Sattai's plea for a condition not to make defamatory statements while on bail. Justice Oka questioned who would decide whether Mukul Rohatgi's statement was condemnable or not.

The Madras High Court order canceling Mr Sattai's bail was challenged in the case. Soon after giving the affidavit before the court, where he was granted relief, the High Court found that Mr Sattai had committed a further offense by making defamatory statements against the Tamil Nadu Chief Minister.

Seeking justice, Mr Sattai approached the Supreme Court, which issued notice on his plea in July 2022. The High Court extended the bail granted to him in August 2021. As a result, Mr. Sattai remained on bail for more than 2.5 years.

Supporting the state's case, Mukul Rohatgi filed two FIRs against Mr Sattai in December 2022 and March 2023. The decision came days before the Lok Sabha elections, which will be held in seven phases from April 19. The results will be declared on June 4.