38.6c New Delhi, India, Monday, June 24, 2024

Breaking: “Liberty Of A Citizen Is Sacrosanct And Non-Negotiable”, Supreme Court Grants Bail To Prashant Kanojia

By LawStreet News Network      11 June, 2019 12:00 AM      0 Comments
Breaking: “Liberty Of A Citizen Is Sacrosanct And Non-Negotiable”, Supreme Court Grants Bail To Prashant Kanojia

The Supreme Court today (June 11, 2019) came down heavily on Uttar Pradesh police for arresting freelance journalist Prashant Kanojia, saying that he should be immediately released on bail.

A Vacation Bench comprising of JusticesIndira Banerjee and Ajay Rastogi however, clarified that its order should not be seen as an approval of Kanojia’s social media posts.

Hearing a habeas corpus petition filed by Kanojia’s wife, the Bench observed that the “liberty of a citizen is sacrosanct and non-negotiable” and that “it is guaranteed by the Constitution and it cannot be infringed”.

Justice Banerjee asked how an arrest could be made over tweets, to which Additional Solicitor General Vikramajit Banerjee appearing for UP government replied that Kanojia had made provocative tweets against gods and religion on previous occasions and therefore offence of public mischief under Section 505 of the Indian Penal Code, 1860, was added in the list of charges.

To this, the Bench expressed its dissatisfaction and said that the Magistrate’s order of remanding Kanojia till June 22, 2019, was “not appropriate”.

The UP Police arrested Kanojia from Delhi after a case was filed against him on June 8, 2019, for comments made about Chief Minister Yogi Adityanath on social media.

A first information report was registered against Kanojia by a sub-inspector at Hazratganj police station a day before his arrest alleging that the accused made comments “maligning the image of the chief minister”.

Kanojia on June 6, 2019, shared a news item on Twitter about a woman claiming that she was in a relationship with Yogi Adityanath and that she wanted to marry him. The news was shared by Kanojia with a mocking comment.

Following his arrest, Kanojia’s wife Jagisha Arora moved a habeas corpus petition in the Supreme Court seeking his release. She challenged the arrest as illegal and arbitrary and stated that the arrest was made by police men in civil clothes, without following the mandatory procedure laid down by the apex court in DK Basu’s case.

Share this article:

User Avatar

Leave a feedback about this


Trending News Updates
Historic Moment: All Four Gates of Puri’s Jagannath Temple Reopened After BJP’s Landmark Victory in Odisha

Historic Moment All Four Gates of Puris Jagannath Temple Reopened After BJPs Landmark Victory in Odisha

18 June, 2024 11:03 AM
Trending Executive
Education Minister admits irregularities in NEET UG; Centre, NTA to face probing queries in SC

Education Minister admits irregularities in NEET UG; Centre, NTA to face SC probe over exam conduct and paper leak allegations, counselling to proceed.

18 June, 2024 12:14 PM
Trending Judiciary
Rajasthan HC denies anticipatory bail in land forgery case, cites serious charges and witness threats [Read Order]

Rajasthan HC rejects anticipatory bail in land forgery case, citing serious charges, witness threats, and the need for a thorough investigation.

18 June, 2024 12:51 PM
Trending News Updates
Jain Community dresses up as Muslims to buy 124 Goats , saves them from Bakrid slaughter

Jain community in Delhi raises Rs 15 lakh, dresses as Muslims to buy and rescue 124 goats from Bakrid slaughter, garnering praise and attention.

18 June, 2024 01:19 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email