BJP youth leader's arrest over meme arbitrary, says SC

The Supreme Court on Wednesday took an exception to the West Bengal government keeping BJP youth wing leader, Priyanka Sharma behind the bars despite the order for her immediate release in a case related to posting of a meme on Chief Minister Mamata Banerjee on Facebook.

"This is not done. First of all, her arrest was arbitrary. If she is not released, consequences shall follow," a bench of Justices Indira Banerjee and Sanjiv Khanna said.

The court's observations came as senior advocate Neeraj Kishan Kaul, appearing for Sharma, said the girl has spent another night behind the bars. She was released this morning only.

The top court had on Tuesday directed for release of Sharma and asked her to tender an apology for posting a meme on Mamata Banerjee.

The state government said she will not be released until a certified copy of the top court's order was available, he said.

He said the apex court passed its order in presence of the counsel from the state government.

A WB government counsel, for her part, said Sharma was released at 9.40 am this morning.

She cited the jail manuals to explain the delay in her release.

"The order was passed in your presence. Jail manuals can't have superintendence over the SC. If she is not released, we will take contempt action," the bench said.

The arrest was prima facie arbitrary, the court added.

Kaul also submitted that the petitioner, Rajib Sharma, brother of a 26-year-old girl has now come to know that the police had on filed a closure report in the case.

"Had it been disclosed by the state counsel, there was no question of apology having been put by the court," he submitted.

"We looked at the publication and passed the order," the bench said.

Kaul said an application was filed on behalf of petitioner for modification of the order and seeking action against the state government.

"There is no extreme urgency. We will hear it in the first week of July," the bench said.

Priyanka was arrested on Friday for posting on her Facebook a photo in which Mamata Banerjee's face was photoshopped on the form of actor Priyanka Chopra Jonas at MET Gala in New York.