Release with apology rider .... freedom of speech and expression cannot infringe upon the rights of another person. ... Mamata meme case: SC asks Priyanka Sharma to apologise, says it will 'not operate as precedent'
| Priyanka Sharma |
R. BALAJI, TT, 15 May 2019, New Delhi: The Supreme Court has directed the Bengal government to free a BJP worker arrested for posting on Facebook a morphed photograph of chief minister Mamata Banerjee but said the accused must apologise at the time of her release.
Although the top court said freedom of expression was non-negotiable, it drew a distinction between a "lay citizen" and a member of a political party, and took into consideration that the picture was shared when elections are taking place.
"Had she been a common citizen, there would have been no problem," the court said, referring to the accused, Priyanka Sharma from Howrah. On the request of the lawyer for Priyanka's family, the court has kept open the legal question of a citizen's right to post material on Facebook. The legal matters, including the validity of her arrest, will be decided after the summer vacation of the court.
Justice Indira Banerjee, who headed the bench whose other judge is Justice Sanjiv Khanna, said one's "freedom of speech and expression cannot infringe upon the rights of another person. You cannot put anything on Facebook as you want. It is wrong, it is wrong".
Senior advocate Neeraj Kishan Kaul, appearing for Priyanka's family, objected to the court order and pleaded that any "pre-condition" for grant of bail "would have a chilling effect on freedom of speech and democracy in the country".
The bench clarified that it was directing the release of Priyanka on bail and ordering her to apologise, considering the "special facts and circumstances" of the case but this could not be construed as a verdict on the merits of the case.
The court was dealing with a habeas corpus petition filed by Rajib Sharma, Priyanka's brother, challenging her arrest by Bengal police on May 9. The police had arrested Priyanka on a complaint lodged by a local Trinamul Congress leader accusing her of defaming the chief minister. Priyanka was sent to 14 days' judicial remand.
Kaul contended that Priyanka was not at fault as she had shared on Facebook a meme that had already gone viral on social media. He said she had later deleted the post.
"She is a member of a political party. Elections are going on. At this stage, we are not on the aspect of criminal law. We are asking for an apology because it is election time," Justice Banerjee said.
Kaul replied: "She is just a 25-year-old child. If such conditions are imposed that any person uploading such posts on Facebook can be arrested, put in jail and will be released on bail only if the person tenders an apology, it will have a chilling effect for the people and democracy. But Justice Banerjee said: "We are not talking about the lay citizen. You are a member of a political party. Had it been by a common citizen, it would have been different....".
Although the top court said freedom of expression was non-negotiable, it drew a distinction between a "lay citizen" and a member of a political party, and took into consideration that the picture was shared when elections are taking place.
"Had she been a common citizen, there would have been no problem," the court said, referring to the accused, Priyanka Sharma from Howrah. On the request of the lawyer for Priyanka's family, the court has kept open the legal question of a citizen's right to post material on Facebook. The legal matters, including the validity of her arrest, will be decided after the summer vacation of the court.
Justice Indira Banerjee, who headed the bench whose other judge is Justice Sanjiv Khanna, said one's "freedom of speech and expression cannot infringe upon the rights of another person. You cannot put anything on Facebook as you want. It is wrong, it is wrong".
Senior advocate Neeraj Kishan Kaul, appearing for Priyanka's family, objected to the court order and pleaded that any "pre-condition" for grant of bail "would have a chilling effect on freedom of speech and democracy in the country".
The bench clarified that it was directing the release of Priyanka on bail and ordering her to apologise, considering the "special facts and circumstances" of the case but this could not be construed as a verdict on the merits of the case.
The court was dealing with a habeas corpus petition filed by Rajib Sharma, Priyanka's brother, challenging her arrest by Bengal police on May 9. The police had arrested Priyanka on a complaint lodged by a local Trinamul Congress leader accusing her of defaming the chief minister. Priyanka was sent to 14 days' judicial remand.
Kaul contended that Priyanka was not at fault as she had shared on Facebook a meme that had already gone viral on social media. He said she had later deleted the post.
"She is a member of a political party. Elections are going on. At this stage, we are not on the aspect of criminal law. We are asking for an apology because it is election time," Justice Banerjee said.
Kaul replied: "She is just a 25-year-old child. If such conditions are imposed that any person uploading such posts on Facebook can be arrested, put in jail and will be released on bail only if the person tenders an apology, it will have a chilling effect for the people and democracy. But Justice Banerjee said: "We are not talking about the lay citizen. You are a member of a political party. Had it been by a common citizen, it would have been different....".
DNAINDIA AND Agencies: BJP leader Poonam Mahajan said Tuesday the party's youth wing
will challenge the Supreme Court order asking its activist Priyanka Sharma to apologise for posting a meme of West Bengal CM Mamata Banerjee on social media, asserting the verdict has sent out a "wrong message".
The court earlier Tuesday granted bail to Sharma, against whom a complaint was filed in Bengal for sharing a photo in which Banerjee's face was photoshopped onto actor Priyanka Chopra's picture from a MET Gala event in New York.
The apex court also asked Sharma to apologise in writing on her release from jail. It observed freedom of speech ends when it infringes upon the rights of others.Mahajan said she was "delighted" with the SC order and "grateful" to the court for releasing Sharma on bail.
"But the direction of apology sends out a wrong message on the question of free speech," she aid."In July, when the writ petition is coming up, we are going to contest it because this is a bigger issue," said Mahajan, the resident of BJP's Yuva Morcha.
West Bengal police arrested Sharma on May 10 under section 500 (defamation) of the IPC and under other provisions of the Information Technology Act on the complaint of local Trinamool Congress leader Vibhas Hazra.BJP leaders and social media users have protested Sharma's arrest. "We have been battling the TMC in Bengal for two years and many of our activists have been arrested, beaten up and even killed by their goons. This has exposed how anarchy has spread in Bengal and how in Mamata didi's rule, freedom of expression has been strangled to death," Mahajan alleged.She alleged Banerjee was like "Hitler" and using her ego and power to suppress opposition.
"The workers in Bengal are not alone. We are with them, our party president, Amit Shah is with them," she said."The woman (Banerjee) who is always speaking of democratic rights and talking of how the Constitution is in danger, is not controlling her Hitleresque regime," the Yuva Morcha chief alleged.
Citing Sharma's case, she asked should the youth in the state "live in fear"?
The court earlier Tuesday granted bail to Sharma, against whom a complaint was filed in Bengal for sharing a photo in which Banerjee's face was photoshopped onto actor Priyanka Chopra's picture from a MET Gala event in New York.
The apex court also asked Sharma to apologise in writing on her release from jail. It observed freedom of speech ends when it infringes upon the rights of others.Mahajan said she was "delighted" with the SC order and "grateful" to the court for releasing Sharma on bail.
"But the direction of apology sends out a wrong message on the question of free speech," she aid."In July, when the writ petition is coming up, we are going to contest it because this is a bigger issue," said Mahajan, the resident of BJP's Yuva Morcha.
West Bengal police arrested Sharma on May 10 under section 500 (defamation) of the IPC and under other provisions of the Information Technology Act on the complaint of local Trinamool Congress leader Vibhas Hazra.BJP leaders and social media users have protested Sharma's arrest. "We have been battling the TMC in Bengal for two years and many of our activists have been arrested, beaten up and even killed by their goons. This has exposed how anarchy has spread in Bengal and how in Mamata didi's rule, freedom of expression has been strangled to death," Mahajan alleged.She alleged Banerjee was like "Hitler" and using her ego and power to suppress opposition.
"The workers in Bengal are not alone. We are with them, our party president, Amit Shah is with them," she said."The woman (Banerjee) who is always speaking of democratic rights and talking of how the Constitution is in danger, is not controlling her Hitleresque regime," the Yuva Morcha chief alleged.
Citing Sharma's case, she asked should the youth in the state "live in fear"?
Kaul said the provisions of IT Act and IPC under which she was arrested does not apply in this case.
Referring to the apex court's verdict in Shreya Singhal case in which the court had scrapped section 66A of the IT Act, Kaul said Sharma has been arrested by the police under this provision also.
The court said that it was keeping the question of law open on whether arrest can be made for sharing such posts and at present is only dealing with the bail.
"You are a member of a political party. Elections are going on. We understand all these things," the bench said, adding that "you cannot put anybody's face on anybody. If it is going round. It is wrong".
Kaul contended that such an apology would have a chilling effect on freedom and speech and expression and tomorrow West Bengal police can arrest anybody for four days for giving a statement and then ask for an apology.
"If you say sorry, it does not bring you down. We are not going on the angle of freedom of speech and expressions," the bench told Kaul at the fag end of hearing. On Monday, Kaul had mentioned the matter in the top court for urgent hearing saying Sharma was forced to move the apex court as there was a complete strike in local courts till May 14 in Howrah and moreover, she had been remanded in 14 day judicial custody by a Howrah court on May 11.
Section 500 of the Indian Penal Code (IPC) entails punishment for defamation with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Sharma had allegedly shared on Facebook the photo in which Banerjee's face has been photo-shopped on to actor Priyanka Chopra's picture from the MET Gala event in New York.
Her arrest was followed by protests from the BJP and other social media users.
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