SC grants bail to journalist Prashant Kanojia, says right to liberty 'non-negotiable'

The Supreme Court Tuesday ordered immediate release of journalist Prashant Kanojia, who was arrested for allegedly making objectionable comments against Uttar Pradesh Chief Minister Yogi Adityanath on social media, saying fundamental right to liberty is "sacrosanct" and "non-negotiable".

The top court also deprecated the journalist for his posts against Adityanath and said it did not approve of them.

A vacation bench, comprising justices Indira Banerjee and Ajay Rastogi, said it is granting bail to the scribe as it disapproves the deprivation of right to liberty by the state.

"A citizen's right to liberty is sacrosanct and non-negotiable. It is a fundamental right granted under the Constitution and can't be infringed upon by the state," the bench said.

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 the accused made "objectionable comments against the CM and tried to malign his image".

The top court made it clear that the proceedings against the journalist will go on as per the law.

The bench observed that even courts have to bear the brunt of social media.

"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," the bench said.

The court was hearing a habeas corpus (bring the person) petition filed by Kanojia's wife, Jagisha Arora, challenging his arrest.

Additional Solicitor General Vikramjit Banerjee, appearing for the Uttar Pradesh government, said the petition cannot be entertained as the accused is in judicial custody.

To this the bench said, "The law is very clear. A person cannot be deprived of his rights. Even if it is an Article 32 petition, the Supreme Court can entertain it. The Supreme Court can't keep its hands folded when there is deprivation of right to liberty."