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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

Himanta Sarma accuses Sonia, Rahul of provoking unrest over Vande Mataram row

Assam CM Himanta Biswa Sarma criticised Sonia and Rahul Gandhi over the Vande Mataram controversy and accused Congress of provoking unrest.

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Assam Chief Minister Himanta Biswa Sarma on Monday criticised Congress leaders Sonia Gandhi and Rahul Gandhi over the controversy surrounding the rendition of Vande Mataram at the party headquarters in New Delhi on Independence Day.

Sarma questioned how the Congress would govern if it returned to power, alleging that the conduct of its senior leaders during the national song had raised concerns.

“During Vande Mataram, the way Sonia Gandhi behaved and the song was stopped midway clearly indicates that if Congress mistakenly comes to power, the country will face a worse situation,” Mr Sarma said.

The Assam Chief Minister also accused Sonia Gandhi and Rahul Gandhi of encouraging protests in the name of Gen Z.

“Sonia Gandhi and Rahul Gandhi have almost taken a decision to oppose the country in the name of Gen Z. They are provoking people to protest and trying hard to create a bad environment in the country,” he said.

Sarma further alleged that such actions could contribute to instability in the country.

“I am not bothered about these things, but these people are working against the country and provoking the people of the country to protest and bring anarchy,” he said.

What triggered the Vande Mataram controversy

The political row erupted after footage from the Congress Independence Day programme on August 15 surfaced on social media. The video showed senior Congress leaders, including Sonia Gandhi, Rahul Gandhi and Mallikarjun Kharge, during the rendition of Vande Mataram.

BJP leaders have interpreted gestures seen in the footage as an attempt to interrupt the national song. The Congress, however, has rejected that interpretation.

The issue has since become a political flashpoint, with BJP leaders accusing the Congress of disrespecting Vande Mataram.

A complaint seeking action against Sonia Gandhi and Rahul Gandhi over the alleged disruption is also being examined by the Delhi Police.

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BJP unveils 64-member national team with 3 former CMs, 18 MPs and 10 women

The BJP’s new 64-member national team includes three former chief ministers, 18 sitting MPs and 10 women, with representation from 23 states and Union Territories.

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The BJP’s new 64-member team of national office bearers brings together former chief ministers, sitting MPs, women leaders and representatives from different social and regional groups as the party prepares for the 2029 Lok Sabha election.

The team, headed by BJP national president Nitin Nabin, includes three former chief ministers, 18 sitting MPs and 10 women leaders. More than 40 per cent of the members belong to deprived communities, according to the details of the appointments.

Northeast gets special focus

The new organisational team includes leaders from 23 states and Union Territories, giving the party’s national leadership a broad geographical representation.

The Northeast has received particular attention, with three leaders from Tripura, Assam and Nagaland included in the team. The BJP’s North-East Coordination Cell will also continue to function under the leadership of Sambit Patra.

The team includes four tribal representatives, with one each from West Bengal, Madhya Pradesh, Maharashtra and the Northeast. Two of these representatives are women.

Three members from Uttar Pradesh, Tamil Nadu and Madhya Pradesh represent the Scheduled Castes in the new team.

Representation across communities

The BJP’s national office bearers also include 10 experienced women leaders from different parts of the country.

The team has representation from different religious communities, including one Sikh, two Christians, one Muslim, one Jain and one Parsi member, alongside Hindu leaders.

Former chief ministers and MPs add experience

The organisational team brings considerable administrative and political experience, with former Rajasthan Chief Minister Vasundhara Raje, former Uttarakhand Chief Minister Tirath Singh Rawat and former Tripura Chief Minister Biplab Kumar Deb among the members.

Four leaders with previous experience in the Union government and one sitting Union minister are also part of the team.

The new national office bearers include 18 sitting Lok Sabha and Rajya Sabha members, bringing legislative experience and their connection with constituencies to the organisation.

Professionals and younger leaders add to the team

The team also brings together people from varied professional and academic backgrounds. It includes two professors, four practising doctors, as well as PhD holders, engineers, chartered accountants and lawyers.

The appointments to various Morchas are expected to bring organisational experience, fresh energy and domain expertise to the BJP’s national team.

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Air India drug test row: 2 more pilots fail preliminary screening

Two more Air India pilots have not cleared preliminary drug tests and have been de-rostered while their final test results are awaited, sources said.

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Two more Air India pilots have not cleared the preliminary stage of drug testing ordered by the airline following the Phuket-Delhi flight incident. Their final test results are awaited, and both pilots have been de-rostered in the meantime, sources said.

The airline had directed its pilots to undergo drug testing as part of a new standard operating procedure after the pilot-in-command of the Phuket-Delhi flight failed two urine tests conducted after the aircraft landed. Marijuana was detected in his system.

More than 300 Air India pilots have undergone the testing process so far. Sources said final drug-test results generally take around 24 to 48 hours.

A cabin crew member on the Phuket-Delhi flight was also believed to have filed a complaint alleging that the pilot had previously smoked “pot”.

What happened on the Phuket-Delhi flight

The incident involved an Airbus A320neo that experienced a sudden drop of around 300 feet. The aircraft’s system data indicated a simultaneous loss of control of key flight surfaces, including the elevators and ailerons, for about four seconds.

The spoilers also lost control following the same hydraulic failure.

During the four-second period, the aircraft’s elevators and ailerons moved without pilot commands after multiple failures involving the jet’s three hydraulic systems.

The elevators control the aircraft’s pitch, while ailerons help control its roll. Spoilers reduce lift and increase drag, including during descent and landing.

Air India’s earlier statement on drug testing

The incident was initially reported as being linked to turbulence, before aircraft system data provided further information about what had occurred.

Air India had said it conducts regular drug testing of crew members in accordance with civil aviation regulations. The airline said the testing was part of its existing compliance process and was not initiated specifically because of the Phuket-Delhi flight incident.

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