Observing that everyone who makes allegations on social media cannot be put behind bars, the Supreme Court on Monday restored the bail to a YouTuber who was accused of making derogatory remarks against Tamil Nadu Chief Minister MK Stalin in 2021.

"If before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed?"a bench of justices Abhay S Oka and Ujjal Bhuyan told senior advocate Mukul Rohatgi, appearing for the Tamil Nadu Government, as it set aside the order cancelling A Duraimurugan Sattai's bail.

The Supreme Court said the accused did not misuse his liberty by protesting and expressing his views and also rejected the request of the State Government to impose a condition on Sattai to refrain from making scandalous remarks while on bail.

The court was hearing Sattai's plea challenging an order of the Madras High Court which cancelled his bail as he had made certain derogatory remarks against Stalin in violation of an undertaking given to the court.

While seeking bail in a case, Sattai had submitted an affidavit to the court undertaking that he would not pass derogatory remarks against anyone. Sattai was arrested by the police for allegedly making derogatory remarks against Stalin and others but had been granted conditional bail.

"Scientific inventions are made for the welfare of mankind. The internet is one such wonderful invention that has transformed the lives of many. Even an ordinary man is uploading his day-to-day activities, skills, thoughts, travel experiences on YouTube. In fact, in modern society, in most families, everyday meals are prepared using the videos uploaded on YouTube," the High Court had said.

The High Court had cancelled the bail on the grounds that Sattai went on to make more allegedly derogatory remarks against Stalin despite providing assurances to the contrary.

However, in July 2022, the Supreme Court granted interim bail to Sattai and he has been out on bail since.  The court, however, said Sattai did not misuse his liberty by protesting and expressing his views.

Rohatgi responded by saying the State Government had registered two first information reports against the YouTuber in December 2022 and March 2023 for repeated offences.

The top court noted that the allegations in one case pertained to Sattai's participation in a protest against the demolition of the Babri Masjid — in December 1992 — and the second case pertained to a demand made by Sattai for the release of certain persons in custody.

"We don't think that by protesting and by expressing his views, it can be said that the appellant has misused the liberty granted to him," the bench said. "Even otherwise we are of the view that the grounds mentioned in the impugned order cannot constitute grounds for cancellation of bail." The top court clarified that the State Government may approach it again for the cancellation of Sattai's bail if such grounds arise.