Even judges have to face brunt of social media, says Supreme Court
New Delhi: Even judges have to face the brunt of social media, the Supreme Court said Tuesday while hearing the case of journalist Prashant Kanojia, arrested for allegedly making objectionable comments on Twitter and Facebook against Uttar Pradesh Chief Minister Adityanath.
"Sometimes even we have to suffer the brunt of social media. Sometimes it is just and sometimes it is unjust but we have to exercise our powers," a vacation bench of Justices Indira Banerjee and Ajay Rastogi said while ordering immediate release of the scribe on bail.
"Show your magnanimity," the bench told Additional Solicitor General (ASG) Vikramjit Banerjee who was appearing for the Uttar Pradesh government, adding that "the question is only about deprivation of citizen's liberty".
The bench made these observations while hearing a habeas corpus petition (a writ for producing a person who is under arrest or in unlawful detention before a court) filed by Kanojia's wife, Jagisha Arora, challenging his arrest.
Kanojia had allegedly shared a video on Twitter and Facebook wherein a woman is seen speaking to reporters of various media organisations outside the chief minister's office in Lucknow, claiming that she had sent a marriage proposal to Adityanath.
An FIR was registered against Kanojia by a sub-inspector at the Hazratganj police station in Uttar Pradesh on Friday night in which it was alleged that accused made "objectionable comments against the CM and tried to malign his image".
During the hearing, the ASG told the bench that it should clarify in its order granting bail to Kanojia that it does not accord approval to the tweets or posts made by the journalist on social media.
"Do not worry about what is being written or construed on social media. Nowadays, people are knowledgeable and aware and they know in what context things are being said," the bench said, adding, "It is very wrong to think that whatever posted (on social media) will be accepted by the public. People are educated".
It further said: "Certainly granting bail would not mean approving his tweets/posts on social media and our remarks would not affect the court proceedings, which will go on in accordance with the law."
The bench also observed that its order is not the approval of the action of the scribe but it is the disapproval of the "state's action which deprives citizen's right to liberty".
The habeas corpus petition has also sought departmental action against the policemen, who were allegedly not in uniform, for arresting Kanojia from Delhi for "bailable offences".
The bench, which directed that Kanojia be immediately released on bail, said that fundamental right to liberty is "sacrosanct" and "non-negotiable".
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Vijay secures majority support, set to stake claim to form Tamil Nadu govt
Chennai: After four days of political uncertainty and intense negotiations in Tamil Nadu, actor-politician Vijay is learnt to have secured the numbers required to form the government, sources said.
Supporters gathered outside Vijay’s residence in Chennai on Friday evening, raising slogans in support of Tamilaga Vettri Kazhagam soon after reports emerged that the party had managed to secure majority support.
Sources said Vijay is expected to meet Tamil Nadu Governor R. V. Arlekar on Friday evening to stake claim to form the government. The meeting is likely to take place around 6 pm.
In its electoral debut in the Tamil Nadu Assembly elections, TVK won 108 out of the 234 seats, dealing a major blow to the 62-year political dominance of Dravida Munnetra Kazhagam and All India Anna Dravida Munnetra Kazhagam.
However, Governor Arlekar had reportedly made it clear that the party would not be invited to form the government without proving a clear majority. Even after two rounds of discussions on Wednesday and Thursday, the Governor is learnt to have maintained his stand that letters of support from at least 118 MLAs must be submitted in the 234-member Assembly.
Apart from Vijay, TVK had the backing of 107 MLAs. Vijay had contested from Tiruchy (East) and Perambur constituencies and won both seats, meaning he would have to resign from one seat before taking oath. This increased the need for additional support.
Amid the political developments, five MLAs from the Congress party, which reportedly moved away from the DMK-led alliance, extended support to Vijay. Vijay also held discussions with leaders of Viduthalai Chiruthaigal Katchi, Communist Party of India (Marxist) and Communist Party of India.
The VCK, CPI(M) and CPI had so far been allies of the DMK. At the same time, political discussions intensified in the state over speculation that the DMK could even explore a post-poll understanding with its long-time rival AIADMK to prevent an alternative government from taking shape.
Reports had been circulating since Friday afternoon that the VCK and Left parties were likely to support Vijay. Sources later said that the VCK, CPI(M) and CPI agreed to extend the support of two MLAs each, helping TVK cross the required majority mark.
All eyes are now on the Governor’s next move and the official announcement regarding the formation of the new government in Tamil Nadu.
