Thread by @barandbench

Supreme Court begins hearing the plea filed by wife of journalist Prashant Kanojia who was arrested by UP Police for posting allegedly defamatory tweets against UP CM Yogi Adityanath

@PJkanojia @Uppolice @myyogiaditynath

ASG Vikramjit Banerjee arguing for the State submits that once a judicial order is passed, the remedy lies before the High Court and a Writ of Habeas Corpus is not maintainable.

Kanojia has been remanded to judicial custody till June 22 by a Magistrate's order.

Justice Indira Banerjee: A persons liberty is being curtailed. Opinions may vary and perhaps such things should not have been posted, but arrest? Under what provision has he been arrested?

Banerjee: Section 505 of IPC

Justice Ajay Rastogi asks Banerjee if the State so satisfied that the ingredients of Section 505 are prima facie made out

Justice Banerjee: Where is the mischief?

ASG Banerjee: His tweets are not restricted to political figures. He has made tweets about gods and goddesses also. These tweets are very strong, very inflammatory. That is why section 505 was added later.

ASG Banerjee: He has been produced before the Magistrate and remanded to custody till June 22. The law is very clear here

Justice Banerjee: normally we won't entertain Article 32 petition but a person is behind bars.

Justice Rastogi: June 22? He's remanded for 11 days?

Justice Banerjee: is this a murder charge?

ASG Banerjee: He has a remedy to challenge it.

Justice Banerjee: We can exercise our power under Article 142 here

ASG Banerjee: Law is this that once there is a judicial order their remedy is to challenge the judicial order and the writ for habeas corpus cannot be filed

Justice Banerjee: Court does not ordinarily entertain A.32 but the Article is there in Constitution for those whose freedom is affected. When something is so glaring, can court hold its hands and say go to High Court?

Justice Banerjee: Liberty is a guaranteed by the Constitution and the fundamental rights are sacrosanct and non negotiable.

The Court favours immediate releasing of Kanojia while stating that the proceedings against him may continue in accordance with the law.

Justice Rastogi: Have you ever come across any case of this manner where 10 days remand is given?

ASG Banerjee: They can challenge it

Justice Banerjee: Sit behind bars and challenge it? We do not appreciate these tweets but the question is should he be put behind bars?

ASG Banerjee: His release will be seen as an endorsement of his tweets

Justice Banerjee: It will be treated as an endorsement of his personal liberty. Even we hear the brunt on social media but does that mean it should lead to incarceration?

Justice Banerjee: Show your magnanimity

Supreme Court directs State of UP to release Kanojia immediately and says State may proceed against him in accordance with the law.

Rights under Articles 19, 21 non-negotiable, Supreme Court grants bail to Prashant Kanojia

@PJkanojia @myogiadityanath
@Uppolice #PrashantKanojia
#PrashantKanojiyaArrest

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