Thread by @barandbench

Supreme Court begins hearing in the petition filed against the arrest of BJP worker Priyanka Sharma for sharing a morphed image of WB Chief Minister Mamata Banerjee.

@MamataOfficial

Senior Counsel Neeraj Kishan Kaul representing the petitioner submits, this is a gross violation of Constitutional rights.

"Fourteen days judicial custody for sharing a meme"

Kaul: She deleted the post before she was arrested. This meme is going viral, she is not the only one who shared it

Justice Indira Banerjee asks if Sharma would apologize for sharing the meme.

"Is she ready to apologize?"

Justice Sanjiv Khanna points out that in light of the elections and the Priyanka Sharma being affiliated to the BJP, the other side might take the meme differently.

Khanna J asks Kaul if there is any problem in tendering an apology as suggested by Banerjee J.

Kaul objects to apology as a condition for Sharma's release and says he would have to take instructions on the same.

"This will have a chilling effect on freedom of speech. For a meme which may not be appreciated by someone, people will have to apologise"

Kaul: It concerns me that she is being made to apologise for this. Anyone else tomorrow will be told that you will be arrested for memes and you will have to apologise for bail

Justice Khanna clarifies that the Court is not correlating the two aspects of apology and release from Custody.

Justice Banerjee: Freedom of expression is non negotiable but cannot impinge upon another person's rights

Kaul: The meme is doing rounds, it's a form of evolving caricature, humour, political satire.

Justice Banerjee: It's doing rounds, but it's wrong.

The Court passes an order for the immediate release of Priyanka Sharma subject to condition that she would tender a written apology immediately upon her release.

The larger question pertaining to Freedom of Expression is kept open by the Court and notice issued to West Bengal

The order is modified by the Court and the condition of apology is dispensed with.

Sharma is directed to be released immediately. However, the Court has done away with the condition of tendering an apology.

Sharma has to still apologise but it is not a condition for her release

Mamata Banerjee Meme Row: Supreme Court orders immediate release of BJP worker Priyanka Sharma [Read Full Story] #PriyankaSharma #MamataBanarjee @MamataOfficial bit.ly/2ViT8i1