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Journalists are arrested all the time by the police for controversies. Recently, an FIR was filed against Journalist Kanojia for posting something on social media. Over the years, many cases have come to the face of the arrest of journalists for some reason or the other. In fact, many journalists have been arrested on such accounts in the last few years. Earlier, the case of Siddique Kappan was highlighted, who was arrested on charges of Outraging religious beliefs along with Sundry terrorism. The Supreme Court has played its part in both cases by keeping human rights above all.
Journalist Kappan Arrested for Sundry Terrorism and Sedition
According to the Uttar Pradesh News, following the news of the death of a 19-year-old Dalit woman who was allegedly gang-raped on September 14, 2020, at a village in the area, journalist Kappan was on his way to Hathras.
The authorities had cremated her at night without her parent’s approval, causing great resentment. Kappan was arrested on his way when he was travelling to cover this story.
The Order of the Court
The Supreme Court ordered the Uttar Pradesh government to transfer Kerala journalist Siddique Kappan to a Delhi hospital for better medical treatment.Â
Kappan will be returned to Mathura jail following his recuperation, according to a bench led by Chief Justice N V Ramana.
The Supreme Court allowed him the right to challenge his detention or seek any other redress in an appropriate forum and dismissed the Kerala Union of Working Journalists’ petition.
The Case and Judgement
We dismiss the written petition after taking into account the facts of the case. “We are instructing the state to transfer the accused to RML or AIIMS or wherever treatment can be done,” the bench, which included Justices Surya Kant and A S Bopanna, declared, despite Solicitor General Tushar Mehta’s strident opposition.
Mehta was adamant in opposition to the Supreme Court’s proposal, claiming that Kappan, 42, is COVID-19 negative and can be treated at a Mathura jail facility.
He further requested that the bench includes in its ruling that a hospital bed is made available in Delhi for Kappan because the city’s hospitals are already overburdened. However, the Supreme Court remained silent on the subject.
Arrested Journalist Kanojia – Social Media Case
An FIR was filed against Kanojia at Lucknow’s Hazratganj police station, alleging that he made derogatory remarks against the CM, Yogi Adityanath, and attempted to smear his reputation.
Kanojia had posted a video on Twitter and Facebook. A woman is seen speaking to reporters from several media outlets outside the CM’s office, claiming to have sent Yogi Adityanath a marriage proposal.
The ASG asked the Court to make it clear in its decision that the journalist’s tweets and posts on social media are not approved.
“Don’t be concerned about what’s said or implied on social media. People nowadays are well-informed and aware, and they understand what is being stated in what context “According to the bench.
Cause of Arrest of the Journalist
On June 8, the journalist was arrested and transported to a secret location by police, purportedly for sharing a video of a woman stating she had sent a marriage proposal to Uttar Pradesh on social media.
The UP Police filed a “suomoto” FIR alleging that the journalist used his “Twitter social media” to make derogatory statements about Yogi Adityanath to smear the Chief Minister’s image.
Uttar Pradesh news stated that the journalist was charged with criminal defamation and public mischief.
Grounds of Release by the Supreme Court
According to the Supreme Court, his right to liberty has been violated, and the constitutionally guaranteed liberty is untouchable.The Court called the UP government’s action of keeping a person on remand for 13/14 days for posting content on social media a case of deprivation of personal liberty that was far too harsh for the crime.
People might see the journalist’s release as an endorsement of his social media statements, according to the Additional Solicitor General (ASG) of Uttar Pradesh.On the other hand, the Supreme Court reacted and stated that the release would be interpreted as supporting his right to personal liberty rather than his tweets.
Conclusion
Many journalists are arrested for public mischief when they are about to report breaking news. This happens all the time.
Two of the journalists have been arrested on such accounts in the last few years. Even though the UP police took harsh steps against them, the Supreme court has been advisable to consider all the factors and keep human rights. In the Kanjoia Case, the Supreme Court acknowledged that free expression does not exist in its purest form; it also stated that free speech and criticism on social media could not be suffocated by incarceration.
