2019 (6) TMI 1759

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....makrishnan, Adv.  Mr. Shadan Farasat, AOR Ms. Shruti Narayan, Adv. For the Respondent(s) Mr. Vikramjit Banerjee, Sr. Adv. Ms. Swarupama Chaturvedi, Adv. Ms. Aparna Trivedi, Adv. Mr. Mukesh Kumar, Adv. ORDER In this Writ Petition under Article 32 of the Constitution of India, the petitioner has challenged the arrest and incarceration of her husband - Prashant Kanojia against whom proc....

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....ate. It is also contended that the High Court should have first be approached. Citing the judgment of this Court in the State of Maharashtra and others versus Tasneem Rizwan Siddiquee reported in 2018 (9) SCC 745, the learned Additional Solicitor General argued that the question of whether a writ of habeas corpus could be maintained in respect of a person who was in police custody pursuant to a....

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....aring case of deprivation of liberty as in the instant case, where the jurisdictional Magistrate has passed an order of remand till 22.06.2019 which means that the petitioner's husband- Prashant Kanojia would be in custody for about 13/14 days for putting up posts/tweets on the social media. We are not inclined to sit back on technical grounds. In exercise of power under Article 142 of the Cons....