Prelims level : Polity and Governance Mains level : GS -II Governance, Constitution, Social Justice and IR
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Why in News?

  • The Supreme Court on Wednesday pulled up the West Bengal government for keeping BJP Yuva Morcha leader Priyanka Sharma behind bars overnight despite the court’s May 14 order to release her immediately on bail.


  • A Vacation Bench of Justices Indira Banerjee and Sanjiv Khanna even threatened contempt action against the State government.
  • Ms. Sharma was arrested by the State Police and sent to 14 days of custody for allegedly posting a morphed image of Chief Minister Mamata Banerjee on social media.
  • The arrest was “prima facie arbitrary” in the first place. On May 14, she was granted bail, the Vacation Bench asked her to apologies for the “meme”.
  • Ms. Sharma was released at half-past nine on Wednesday. The order was to release her immediately.
  • Article 22:

    Protection Against Arrest and Detention In Certain Cases

    • 1.No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
    • 2.Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary
      for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

    Are the fundamental rights affected?

    Article 19:

    Protection of Certain Rights Regarding Freedom of Speech

    • Nothing shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
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