Observing that right to liberty is sacrosanct and "non-negotiable", the Supreme Court Tuesday ordered that journalist Prashant Kanojia, arrested for allegedly sharing objectionable posts on Uttar Pradesh Chief Minister Yogi Adityanath, be immediately released on bail.
Making it clear that granting bail to Kanojia cannot be construed as approval of the posts or tweets, the court also slammed the UP government for the "excessiveness" of its action and questioned his nearly two-week judicial custody, asking, "Is this a case of murder?"
"I stand by what he has tweeted as he has not made any indecent remark rather it was humorous."
The bench also 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."
To this, the bench said, "The law is very clear. A person cannot be deprived of his fundamental rights. Even if it is an Article 32 petition, the Supreme Court can entertain it and the court can not keep its hands folded when there is deprivation of right to liberty."