Supreme Court Upholds Freedom of Expression in Pre-Election Judgment

The Supreme Court reinstated the bail of a Youtuber accused of making disparaging comments about Tamil Nadu’s Chief Minister, MK Stalin. The court emphasized the principle that not all social media accusers can be imprisoned.

The judicial panel, led by Justices Abhay S Oka and Ujjal Bhuyan, found no proof that the Youtuber, A Duraimurugan Sattai, had abused his granted freedom. During the proceedings, Justice Oka posed a poignant question to Senior Advocate Mukul Rohatgi, representing the state, about the potential consequences of jailing every individual who levies accusations on social media platforms like YouTube.

The origin of the case was Mr. Sattai’s appeal against a Madras High Court verdict that revoked his bail, following his continued derogatory commentary against the state’s Chief Minister after being initially released. Mr. Sattai had been on bail since August 2021, which the Supreme Court upheld, dismissing the state’s argument, supported by two FIRs, to revoke it.

This judgment arrives at a critical juncture, with the Lok Sabha elections scheduled to commence on April 19, spanning seven phases, and the results expected on June 4.