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Will SC’s Kanojia Order Prevent Arrests for Social Media Posts?

The Supreme Court order could become a powerful shield against excessively harsh actions by police and lower courts.

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“The fundamental rights guaranteed under the Constitution of India and in particular Articles 19 and 21 of the Constitution of India are non-negotiable.”

There are two ways in which we can view this line from the Supreme Court’s order directing the release of journalist Prashant Kanojia on Tuesday, 11 June.

On the one hand, it could be viewed as the kind of stirring language that keeps finding its way into court judgments without actually having any real significance – after all, this line comes early in the order, and is not expressly linked to the operative part where Kanojia is granted bail.

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