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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

LPU students protest over reported rape allegation, police call it rumour

Students at Lovely Professional University protested over a reported rape allegation involving a worker, with police describing the claim as a rumour.

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Students of Lovely Professional University (LPU) in Punjab staged a protest after an allegation involving the reported rape of a student by a worker at the university surfaced.

The protest led to disruption around the university, with students taking to the streets and blocking the Jalandhar-Phagwara National Highway, according to the report.

The allegation triggered anger among students, who demanded action over the reported incident.

Police describe rape claim as rumour

Police, however, described the rape claim as a rumour, indicating that the allegation had not been established as a confirmed incident.

The distinction is important because the reported sexual assault allegation should not be treated as a confirmed rape unless investigators or other authoritative sources establish that fact.

The protests nevertheless continued as students sought clarity and action over the issue.

Protest disrupts traffic

The student demonstration also affected traffic on the Jalandhar-Phagwara National Highway. The protest brought attention to the allegations and the concerns being raised by students at the university.

With police calling the claim a rumour, further verification and investigation would be necessary to establish what actually happened.

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India News

INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

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Rahul-Gandhi

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise. 

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process. 

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt. 

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously. 

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting. 

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

  • Concerns surrounding the Election Commission
  • The Special Intensive Revision of electoral rolls
  • Opposition demands concerning CEC Gyanesh Kumar
  • A possible fresh removal notice against the CEC
  • A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

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“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight 

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

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Sahil Wakode

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

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