JAGISHA ARORA Petitioner(s)
VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent
We need not comment on the nature of the posts/tweets for which the action has been taken. The question is whether the petitioner’s husband-Prashant Kanojia ought to have been deprived of his Bar & Bench
Liberty for the offence alleged. The answer to that question is prima facie in the negative. The fundamental rights guaranteed under the Constitution of India and in particular Articles 19 and 21 of the Constitution of India are non-negotiable.
Article 32 which is itself a fundamental right cannot be rendered nugatory in a glaring case of deprivation of liberty as in the instant case, where the jurisdictional Magistrate has passed an order of remand till 22.06.2019 which means that the petitioner’s husband- Prashant Kanojia would be in custody for about 13/14 days for putting up posts/tweets on the social media.
We are not inclined to sit back on technical grounds. In exercise of power under Article 142 of the Constitution of India this Court can mould the reliefs to do complete justice.
We direct that the petitioner’s husband be immediately released on bail on conditions to the satisfaction of the jurisdictional Chief Judicial Magistrate. It is made clear that this Order is not to be construed as an approval of the posts/tweets in the social media. This order is passed in view of the excessiveness of the action taken.
Needless to mention that the proceedings will take their own course in accordance with law.