YouTuber accused of using derogatory words against CM MK Stalin granted bail by Madras High Court

The Madurai Bench of the Madras High Court granted bail to YouTuber 'Sattai' Durai Murugan, accused of making a derogatory speech against former Tamil Nadu Chief Minister Late M Karunanidhi and present Chief Minister MK Stalin ( Durai Murugan vs. The State ).

. Justice K Murali Shankar allowed the petitioner’s bail application, reasoning that he provided a written undertaking stating that he will refrain from making any derogatory or personal remarks against anyone, that he was suffering from health issues, and had been in custody since October 11.

. As per the prosecution, Murugan and other members of the Naam Tamilar Katchi (NTK) party gathered in violation of COVID-19 norms after they were denied permission to stage a protest. During this gathering, Murugan allegedly made derogatory remarks with an intention to breach public peace and tranquillity.

The complainant, a member of the DMK political party, saw the speech of the petitioner and another on a YouTube Channel called Ravana, in which CM Stalin was mocked.

It was submitted that the video was intended to insult the CM, provoke public peace and create enmity between different classes. It was brought to the Court’s attention that the petitioner had released a similar video two years ago as a result of which cases had been registered against him.

The Congress Committee had also filed an intervention application in the case, claiming that Murugan in his speech supported the banned terrorist organization LTTE and had directly threatened members of the Congress Party by stating that LTTE can perform incidents such as the suicide bombing which killed former Prime Minister of India Rajiv Gandhi.

. Counsel for the petitioner on the other hand informed the Court that the petitioner should be released on bail as he was suffering from health issues, and was in need of medical treatment.

. After hearing all parties, the Judge quoted Justice Oliver Wendell Holmes Jr. who said,

“ Your Liberty to swing your fist ends just where my nose begins .”

. Justice Shankar observed that although the freedom of speech and expression is an internationally-recognised right, Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR) contemplates that right of freedom of speech can be regulated in order to honour the rights of others and in the interest of public order, public health or morals.

Even the Constitution, the Court noted, provides for reasonable restrictions against the freedom of speech in the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

. The Court pointed out that the exceptions were given a liberal interpretation by Constitution Benches.

“ Freedom of speech is not regarded as absolute, when the same conflicts with other rights and protections .”

It was opined that the Additional Public Prosecutor rightly pointed out that the speech was per se defamatory and exhibited vulgarity.

. However, the Court discussed the undertaking submitted by the petitioner wherein he stated that he regretted the words he uttered against the CM, and would not do so in the future.

. After considering the undertaking and the petitioner’s health, the Court granted Murugan bail on execution of a bond of ₹25,000. Further, the petitioner was asked to submit a sum of ₹25,000 for each case to the Chief Minister Public Relief Fund and directed not to make any derogatory speech or remarks.

. Advocate N Mohideen Basha appeared for the petitioner. The respondent was represented by Additional Public Prosecutor R Meenakshi Sundaram, and the intervenors were represented by Advocate M Maharaja.

. [Read Order]

YouTuber accused of using derogatory words against CM MK Stalin granted bail by Madras High Court

Shagun Suryam

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