The Supreme Court today reinstated the bail granted to YouTuber A. Duraimurugan, who was accused of making derogatory comments against Tamil Nadu Chief Minister M.K. Stalin.
Justices Abhay S. Oka and Ujjal Bhuyan’s bench set aside the order cancelling Duraimurugan’s bail and stated that it couldn’t be inferred that he misused the freedom granted to him before elections by making allegations on YouTube.
During the hearing, Justice Oka commented to senior advocate Mukul Rohatgi (appearing for the state), “If we start imprisoning everyone who makes allegations on YouTube before elections, imagine how many people will end up in jail?”
The bench was hearing a challenge by Duraimurugan against the cancellation of his bail by the Madras High Court, which stated that he had indulged in further wrongdoing after being granted relief based on an affidavit submitted before the court (upon which bail was granted), which includes making derogatory comments against the Chief Minister of Tamil Nadu.
Disturbed by the order, Duraimurugan knocked on the doors of the Supreme Court. His petition was issued a notice in July 2022, when the apex court had maintained the bail issued in August 2021. Consequently, Duraimurugan was on bail for over 2.5 years.
In support of the state’s case, Rohatgi pointed out that two FIRs filed against him in December 2022 and March 2023 were related to participation in a protest condemning the demolition of the Babri Masjid and a demand for the release of those arrested, including Stalin and others who were taken into custody for speaking vehemently.
“When we express dissent and voice our opinions, it cannot be said that the appellant has misused the freedom given to him (by this court). Otherwise, we believe that the controversial order could not have been used as a basis to cancel bail,” the Supreme Court stated, reinstating the bail order.
Before parting ways with the case, the bench clarified that if Duraimurugan misuses the freedom granted to him, the state can reach out to revoke his bail.
