New Delhi: The Supreme Court, on Monday, agreed to hear a habeas corpus plea seeking the release of freelance Hindi journalist Prashant Kanojia, who was arrested by Uttar Pradesh police for uploading objectionable video on social media relating to Uttar Pradesh chief minister Yogi Adityanath.
The habeas corpus plea has been filed by the journalist’s wife, Jagisha Arora.
The vacation bench of Justice Indira Banerjee and Justice Ajay Rohatgi agreed to hear the plea by Ms Arora, who is also seeking departmental action against all responsible —including the police—for the blatant act of illegality of arresting her husband from outside their Delhi residence and payment of exemplary damages for the infringement of the fundamental rights to liberty.
The court agreed to hear the matter on Tuesday after senior counsel Nitya Ramakrishnan mentioned the matter for an urgent hearing.
Mr Kanojia was arrested from his residence in Delhi on June 8 after an FIR was registered in Lucknow on June 7 under Section 500 of the IPC and Section 66 of the Information Technology Act.
Mr Kanojia was booked by the UP police for a post on social media relating to a lady’s claim of alleged love for Mr Adityanath.
The petitioner, Ms Arora, has contended that police had no role in the filing of the FIR and it was the aggrieved person alone who could have lodged the complaint in a matter involving criminal defamation.
According to the petition, it appears that to obviate the possibility of Mr Kanojia’s release on bail, he was not produced before the magistrate for a transit remand and no arrest memo was prepared.
Neither Mr Kanojia nor his wife was informed as to why he was being arrested by the cops, who had come in plain clothes. The petition has contended that two sections, Section 505 of the IPC and Section 67 of the IT Act, were added as offences under the other two acts are both bailable.
While IPC Section 505 provides for punishment for making statements conducing to public mischief, Section 67 of IT Act provides for punishment for publishing or transmitting obscene material in electronic form.
Meanwhile, a group of journalists and activists held a protest here, on Monday, over the arrests of Mr Kanojia, Anuj Shukla, and Ishika Singh. The latter are respectively the editor and head of Noida-based TV channel, Nation Live.
