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Supreme Court orders immediate release of journalist Prashant Kanojia, pulls up UP Police

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Supreme Court

[vc_row][vc_column][vc_column_text]The Supreme Court today (Tuesday, June 11) ordered immediate release of journalist Prashant Kanojia, pulling up Uttar Pradesh (UP) police and the State of Uttar Pradesh for arresting him for tweeting against UP chief minister (CM) Yogi Adityanath.

The Court also made it clear that its order should not be seen as approval of Kanojia’s social media posts.

A vacation bench of the Supreme Court,comprising Justices Indira Banerjee and Ajay Rastogi, was hearing a Habeas Corpus petition yesterday by Kanojia’s wifeJagisha Arora, challenging his arrest on Saturday.

The Bench said “liberty of a citizen is sacrosanct and non-negotiable” and that “it is guaranteed by the constitution and it cannot be infringed”.

“Normally we don’t entertain these type of petitions. But a person can’t spend 11 days in jail,” the Supreme Court said.

“It is made clear this order is not construed as an approval of tweets,” the Supreme Court said.

Granting bail to Kanojia, the court said Right to Liberty, a fundamental right, is non-negotiable. “We may disapprove these tweets but we disapprove the denial of liberty,” the top court said.

Justice Banerjee asked how an arrest could be made over tweets, to which the public prosecutor replied that Kanojia had made provocative tweets against gods and religion on previous occasions and therefore offence of public mischief under Section 505 of IPC was added in the list of charges.

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Expressing dissatisfaction over the prosecutor’s remarks, the bench said that the Magistrate’s order of remanding Kanojia till June 22 was “not appropriate”.

Making some strong remarks against UP police and State of Uttar Pradesh, the court also turned down the submission of the State that the petitioner should approach the lower court or High Court for bail.

When the hearing began, Additional Solicitor General Vikramajit Banerjee appearing for Uttar Pradesh submitted that the remand order has been passed by the Judicial Magistrate and hence, Article 32 petition should not be entertained.

“Arrest? A citizen’s right to liberty has been infringed. We have gone through the records… These sort of tweets should not be made, but arrest?”, asked Justice Indira Banerjee.

Expressing shock at the 11 days’ remand for Kanojia, “June 22? He’s remanded for 11 days?” asked Justice Rastogi.

“Is this a murder charge?” demanded Justice Banerjee.

ASG argued that the challenge to the same has to be made in a lower court or High Court.

The court rejected the argument saying that the liberties under the Constitution are sacrosanct and the Court cannot shy away when “something is so glaring”.

“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?”, asked Justice Banerjee.

Both the judges took exception to the incarceration of the Kanojia while also stating that what he tweeted might not have been appropriate.

“The Court need not comment on the contents of the tweets. The question is, should the petitioner have been deprived of his liberty over them. The answer to that is prima facie in the negative. Fundamental rights under Article 19 and 21 are non-negotiable.”

The Court, however, also made it clear that the State can proceed against Kanojia in accordance with law.

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“I believe in Constitution. I have fought this case. I am happy,” a visibly tired Jagisha Arora told reporters outside the Supreme Court, soon after the hearing.

Prashant Kanojia, a freelance journalist, was arrested by UP police in Delhi on Saturday for a tweet that had “objectionable comments” on Yogi Adityanath. He had shared a video on Twitter and Facebook where a woman is seen speaking to reporters of various media organisations outside Yogi Adityanath’s office, claiming that she had sent him a marriage proposal.

An FIR was lodged against Kanojia at Lucknow’s Hazratganj police station under Sections 505 (statements conducing to public mischief) and 500 (defamation) of the IPC, and Section 67 of IT Act (publishing or transmitting obscene material in electronic form) on a complaint filed by Sub-Inspector Vikas Kumar.

The same evening, the head of a private news channel and its editor were arrested in Noida. During a debate on the channel on June 6, the woman, whose video was shared by Prashant Kanojia, had allegedly made defamatory statements against Yogi Adityanath, the police said.

Two more people were arrested in Gorakhpur in Uttar Pradesh, the Chief Minister’s stronghold, on Sunday evening. According to a tweet by police, one man was arrested after a complaint against him was received on Twitter. He was arrested for posting “objectionable content” about the BJP leader.

The arrests over the weekend sparked a huge debate on social media on freedom of expression in the country, with the Editors Guild of India terming the journalists’ arrests “high-handed and arbitrary´ and amounting to “authoritarian misuse of laws”.

 

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India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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