Supreme Court’s Big Ruling: How Many Will Be Incarcerated Before Elections?

The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, noted that there was no evidence to suggest that A Duraimurugan Sattai had misused the liberty granted to him. During the hearing, Justice Oka raised a crucial question about the potential consequences of imposing imprisonment on individuals making allegations on Youtube before elections. The court also rejected the request to impose a condition on Sattai to refrain from making scandalous remarks while on bail. Justice Oka challenged Senior Advocate Mukul Rohatgi, questioning who would determine the scandalous nature of a statement.

The case originated from Mr Sattai’s challenge to a Madras High Court order that cancelled his bail. The High Court had observed that Mr Sattai had violated the terms of his bail by making derogatory remarks against the Tamil Nadu Chief Minister, shortly after giving an undertaking before the court. Mr Sattai approached the Supreme Court seeking justice, which issued a notice on his plea in July 2022. The top court sustained the bail granted to him in August 2021, allowing him to remain on bail for over 2.5 years.

In support of the State’s case, Mukul Rohatgi highlighted two FIRs registered against Mr Sattai in December 2022 and March 2023. The ruling was made just days before the Lok Sabha elections, scheduled to be held across seven phases starting April 19, with the results set to be declared on June 4.