In Brief
The wife of Prashant Kanojia filed a writ petition challenging his arrest on charges of making defamatory remarks (Sections 500, 505 IPC) and transmitting obscene material online (Section 67, IT Act). Although a magistrate had ordered remand, the Supreme Court found the arrest was prima facie unjustified given the nature of the allegations. The Court held that it possessed inherent powers to protect fundamental rights and could grant bail despite the existing remand order. Accordingly, it ordered the immediate release of Kanojia on bail, subject to conditions imposed by the Chief Judicial Magistrate, emphasizing that liberty should not be ordinarily curtailed for unserious charges.
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