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The bench comprising of Justices Indira Banerjee and Ajay Rastogi observed that the arrest and remand was illegal resulting the deprivation of personal liberty.
Even though the UP Government submitted through Additional Solicitor General Vikramjit Banerjee that arrest was necessary "to send a message" that provocative tweets cannot be tolerated, the bench rejected it, choosing to bat for personal liberty. Arora, who was represented by Advocate Nitya Ramakrishnan, approached the Court saying, "The alleged post on its face value constitutes no criminal offence and is an unwarranted assault on the free speech and right to life"
Arora's petition filed through Advocate Shadan Farasat has pointed out the following illegalities in the arrest:
Relying on Section 41(b)(ii) CrPC ,it was contended by the petitioner that police should have given special reasons in writing for arresting Kanojia as the offences alleged him are not punishable with a term exceeding seven years. The SC precedent in Arnesh Kumar case has stated that in cases where punishment is less than seven years imprisonment, police should not arrest persons as a matter of course, and should instead try to secure their attendance by serving notice under Section 41A CrPC. The fact that this course was not adopted by the police makes it clear that the arrest was for "malicious" reasons, submitted the petitioner.
Massive outrage is pouring in social media against the arrests. The Editors Guild has issued a statement condemning it. "The police action is high-handed and arbitrary, and amounts to an authoritarian misuse of laws. The Guild sees it as an effort to intimidate the press and stifle freedom of expression," it said in a statement.
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