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

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[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

PM Modi accuses Congress of anti-Sikh bias over Rahul Gandhi’s ‘traitor’ remark

Prime Minister Narendra Modi accused Rahul Gandhi of targeting BJP MP Ravneet Singh Bittu with a ‘gaddar’ remark because of his Sikh identity while speaking in the Rajya Sabha.

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Prime Minister Narendra Modi on Wednesday launched a sharp attack on Leader of the Opposition Rahul Gandhi, alleging that his “traitor” remark against BJP MP Ravneet Singh Bittu reflected the Congress party’s animosity towards the Sikh community.

The Prime Minister made the remarks in the Rajya Sabha while replying to the motion of thanks on the President’s address. Referring to an incident in the Parliament complex a day earlier, Modi said Gandhi’s comment had crossed all limits of political decency.

The controversy stems from a protest by suspended Opposition MPs, during which Ravneet Singh Bittu — a former Congress leader who joined the BJP ahead of the 2024 Lok Sabha elections — allegedly made a remark suggesting the protesters were behaving as if they had won a war.

In response, Rahul Gandhi was heard saying, “A traitor is walking by, look at his face,” before approaching Bittu and extending his hand. Gandhi then reportedly added, “Hello, brother. My traitor friend. Don’t worry, you will come back.”

Bittu refused to shake hands with the Congress leader and instead described him as an “enemy of the country” before walking away from the scene.

While the Congress later clarified that Gandhi’s remark was aimed at Bittu for leaving the party, the BJP seized upon the comment, calling it an insult to the Sikh community. Protests were subsequently held by members of the Sikh community outside the Congress headquarters and at other locations.

Addressing the House, Prime Minister Modi said that many leaders had quit the Congress in the past and that the party itself had split multiple times, but none of those leaders had been labelled a traitor. “He called this MP a traitor because he is Sikh,” the Prime Minister alleged, as treasury bench members raised slogans condemning the remark.

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Manipur Assembly to meet at 4 pm today, floor test likely under new chief minister

The Manipur Legislative Assembly will convene at 4 pm today, with a floor test likely as the new chief minister seeks to prove his majority in the House.

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Manipur assembly

The Manipur Legislative Assembly will convene at 4 pm on Thursday in Imphal, a day after Yumnam Khemchand Singh was sworn in as the chief minister. A floor test is likely to be held on the first day of the session to establish the majority of the newly formed government.

In the 60-member Assembly, the BJP holds 37 seats, while its ally National People’s Party has six members, giving the ruling combine a clear majority in the House.

Singh chaired the first Cabinet meeting of his government late Wednesday evening, shortly after taking oath as the 13th chief minister of Manipur. The meeting marked the formal start of administrative functioning under the new Council of Ministers.

His appointment came nearly a year after the resignation of former chief minister N Biren Singh, who stepped down following months of ethnic violence between the Meitei and Kuki communities in the state.

After taking oath, Singh thanked Prime Minister Narendra Modi and said he would work with “utmost diligence to advance development and prosperity in Manipur,” aligning the state’s efforts with the vision of Viksit Bharat.

He said the government’s focus would be on inclusive economic growth while preserving Manipur’s cultural heritage, adding that he would discharge his responsibilities with sincerity and dedication, mindful of the trust placed in him.

The summoning of the 12th Manipur Legislative Assembly by Governor Ajay Kumar Bhalla, along with the first Cabinet meeting, signals the resumption of legislative and administrative processes in the state, officially bringing President’s rule to an end.

The sixth session of the 12th Manipur Legislative Assembly was last held from July 31 to August 12, 2024.

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PM Modi skips Lok Sabha reply as protests force repeated adjournments

PM Modi did not deliver his Lok Sabha reply today after sustained Opposition protests led to repeated adjournments over a dispute involving Rahul Gandhi’s proposed speech.

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PM Modi

Prime Minister Narendra Modi did not deliver his scheduled reply to the Motion of Thanks on the President’s address in the Lok Sabha today after sustained Opposition protests led to multiple adjournments of the House.

The disruption followed an escalation of tensions linked to Congress leader Rahul Gandhi’s proposed speech and the suspension of eight Opposition MPs a day earlier. The situation worsened after remarks made by BJP MP Nishikant Dubey during the proceedings.

Dispute over references to books sparks fresh ruckus

The controversy intensified when Nishikant Dubey responded to Rahul Gandhi’s demand to speak on national security and references to the unpublished memoirs of former Army chief General MM Naravane. Dubey said that while Gandhi wanted to quote from an unpublished book, he himself had brought several books that, according to him, made claims about the Gandhi family.

As Dubey began listing these books and their contents, strong protests erupted from Opposition members. Krishna Prasad Tenneti, who was presiding over the House at the time, cited Rule 349, which restricts members from reading out books, newspapers, or letters unless directly related to parliamentary business. Despite repeated warnings, the matter remained unresolved, leading to another adjournment.

Rahul Gandhi accuses government of silencing debate

Earlier in the day, Rahul Gandhi alleged that he was being prevented from speaking on an issue of national importance. He claimed the government was uncomfortable with references to General Naravane’s memoirs, which he said discussed the handling of the 2020 China border crisis.

In a social media post, Gandhi said he intended to present the Prime Minister with a book authored by the former Army chief, adding that some cabinet ministers had even questioned the existence of the book. He also wrote to Lok Sabha Speaker Om Birla after the suspension of eight Opposition MPs, alleging that parliamentary debate was being curtailed.

After it became clear that the Prime Minister would not speak in the House today, Gandhi posted that PM Modi had avoided Parliament because he was “scared” to face the truth. Congress MP Priyanka Gandhi Vadra echoed the allegation, claiming the Prime Minister was unwilling to enter the House.

Proceedings disrupted throughout the day

Lok Sabha proceedings were first adjourned until 2 pm amid loud protests over the issue linked to Naravane’s memoirs. Even after the House reconvened, disruptions continued, preventing normal business from resuming.

Later, Congress MPs staged a demonstration outside the Parliament complex, demanding that Rahul Gandhi be allowed to speak on the President’s address.

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