SC grants bail to journalist Prashant Kanojia, says right to liberty non-negotiable
New Delhi: The Supreme Court Tuesday granted bail to journalist Prashant Kanojia, who was arrested for allegedly making objectionable comments against Uttar Pradesh Chief Minister Adityanath on social media.
A vacation bench, comprising Justices Indira Banerjee and Ajay Rastogi, said Right to Liberty, a fundamental right, is non-negotiable.
However, the bench said the bail does not mean it approves of the journalist's tweets or posts on social media.
The bench had on Monday taken note of the submissions of lawyer Nitya Ramakrishnan, appearing for Kanojia's wife Jagisha Arora, that the arrest was "illegal" and "unconstitutional".
Arora had filed a habeas corpus petition (bring the person) challenging the arrest of Kanojia and sought a direction to the Uttar Pradesh Police to release him without any delay.
In the petition, filed through lawyer Shadan Farasat, the wife of the vernacular scribe had also sought departmental action against the policemen, who were not in uniform, for arresting Kanojia from Delhi for "bailable offences".
The plea had also sought "exemplary damages" for Kanojia for his "illegal arrest".
"The Hindi journalist was unceremoniously taken away by men in civil dress on June 8 from his Delhi residence. It transpires that on June 7, police officials of Police Station Hazaratganj at Lucknow had lodged an FIR against him under sections 500 (criminal defamation) of the IPC and 66 of the Information Technology (IT) Act and both offences are bailable," the plea had said.
The police were bound to release Kanojia in Delhi itself as per the provisions of the Code of Criminal Procedure as the offences alleged were bailable, it said, adding that the accused should have been granted bail on his arrest by police itself.
"No arrest memo was prepared and neither the petitioner nor her husband was told as to why he was being taken and why the 'arresting officials' were in civil dress," it had said.
Two provisions -- section 505 (statements conducing to public mischief) of the IPC and section 67 (Punishment for publishing or transmitting obscene material in electronic form) of the IT Act -- were added later, as earlier the FIR contained only bailable offences, it said.
These penal provisions prescribe maximum jail terms of two and three years, respectively.
Kanojia had allegedly shared a video on Twitter and Facebook where a woman is seen speaking to reporters of various media organisations outside the chief minister's office in Lucknow claiming 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 the accused made "objectionable comments against the CM and tried to malign his image".
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Rs 30,000 cr loss a month: Oil companies bleed as fuel prices on hold amid global energy spike
New Delhi (PTI): About Rs 700-1,000 crore loss per day. Rs 30,000 crore every month. India's state oil companies are quietly absorbing a massive financial hit to keep petrol, diesel and LPG prices unchanged even as global energy markets face a turmoil that is bigger than all previous crises combined.
While countries from Japan to United Kingdom have raised petrol and diesel prices by up to 30 per cent since the start of the West Asia conflict, fuel prices in India continue at two-year-old levels.
The war disrupted India's import of 40 per cent of crude oil (raw material for making petrol and diesel), 90 per cent cooking gas LPG and 65 per cent natural gas (used to generate electricity, make fertilizer, turned into CNG and piped to household kitchens for cooking), but state-owned oil companies have maintained uninterrupted fuel supplies with no rationing or shortage at any point in the last 10 weeks.
But this has come at a cost - Rs 30,000 crore under-recovery or loss every month for the three oil marketing companies - Indian Oil Corporation (IOC), Bharat Petroleum Corporation Ltd (BPCL) and Hindustan Petroleum Corporation Ltd (HPCL), two sources with direct knowledge of the matter said.
The under-recoveries - the gap between input costs and realised retail prices - rose sharply in March/April before tapering a bit. Daily under-recoveries during April were estimated at about Rs 18 per litre on petrol and Rs 25 per litre on diesel, translating into average losses of Rs 700-1,000 crore a day for OMCs, they said.
At a news briefing on developments in West Asia, Sujata Sharma, Joint Secretary in the Ministry of Petroleum and Natural Gas, said prices in the international markets, on which India relies to meet 88 per cent of its oil needs, have been volatile and supplies impacted.
Crude oil prices which were around USD 70 per barrel two months ago, are now at USD 120, she said. "It has been government's endeavour to keep prices stable so far and that there is no price increase for consumers," she said. "This has hit finances of OMCs... monthly under-recoveries are of the order of Rs 30,000 crore."
She, however, refused to say if retail petrol and diesel prices will continue to hold.
"As I said, the endeavour so far has been to see that there is no price increase," she said.
The three oil marketing companies (OMCs) have worked overtime to keep the supply lines running even when demand spiked due to panic buying.
The government intervention included excise duty reductions and absorption of part of the fuel cost burden. The special additional excise duty on petrol was cut to Rs 3 per litre from Rs 13, while excise duty on diesel was reduced to zero from Rs 10 per litre.
The under-recoveries would have swelled to nearly Rs 62,500 crore had the government not cut excise duty on petrol and diesel by Rs 10 per litre each.
The government, Sharma said, has taken a hit of Rs 14,000 crore a month in cutting the excise duty.
The Centre's effective absorption at peak crude prices was estimated at around Rs 24 per litre for petrol and Rs 30 per litre for diesel.
The February 28 strikes by the United States and Israel on Iran triggered a sharp escalation in West Asia tensions. Energy prices surged as the conflict widened and shipping risks intensified in the Strait of Hormuz - the shipping lane through which India and other countries imported crude oil, LPG and natural gas from Gulf countries. Tanker movement was disrupted.
The companies also faced additional costs from emergency crude sourcing, higher freight charges due to vessel diversions, elevated marine insurance premiums and refinery optimisation expenses. Despite these pressures, fuel and LPG supplies remained uninterrupted across the country.
The surge in crude prices and the decision to shield consumers from higher retail prices placed significant strain on OMC balance sheets and refining margins, sources said.
They added that the measures reflected a policy decision to prioritise consumer stability and economic continuity during a global energy shock.
Sources warned that a prolonged period of elevated crude prices could lead to higher working capital borrowings and force some recalibration of capital expenditure plans. However, investments linked to refining expansion, energy security infrastructure, ethanol blending, biofuels and transition fuels would continue with government backing, they said.
India's approach contrasted with measures adopted by several other economies, where fuel prices rose sharply after the conflict-driven energy shock.
Petrol prices increased by about 34 per cent in Spain, 30 per cent in Japan, Italy and Israel, 27 per cent in Germany and 22 per cent in the United Kingdom, according to estimates. Several countries also introduced rationing, conservation advisories, emergency relief packages or fuel caps.
In India, petrol prices remained Rs 94.77 per litre and diesel at Rs 87.67, with no rationing, mobility restrictions or supply disruptions, they added.
Sharma said the revenues that OMCs earn are used to buy crude oil, build infrastructure to process it into fuel and create channels that will take the fuel to consumers.
Their capex spending is all dependent on the revenues they earn, she added.
