Supreme Court frees Mamata Banerjee meme sharer, but seeks apology

The Supreme Court on Tuesday granted bail to BJP activist Priyanka Sharma, 25, who was arrested by the Kolkata police for allegedly sharing a morphed photo of West Bengal chief Minister Mamata Banerjee on social media. The SC ordered Sharma's release with a rider that she tender a written apology for the meme she posted on social media. Sharma was arrested on May 10.

The Vacation Bench of Justices Indira Banerjee and Sanjiv Khanna said, "The detenue, Priyanka Sharma, is directed to be immediately released on bail. The detenue shall, however, at the time of release, tender an apology in writing for putting up/sharing the pictures complained of on her Facebook account."

The judges clarified that apology is not to be treated as a condition for granting bail. Rather it will follow once Sharma is released. The SC said that this order is passed in the special facts and circumstances of this case and should not be treated as a precedent for any such event in future.

The SC also issued notice to the West Bengal government on the petition filed by Sharma's brother Rajib on the way she was arrested. Sharma had shared a meme in which Banerjee's face was morphed over actor Priyanka Chopra's spooky look at the Met Gala in New York.

Sharma was charged under Section 500 of IPC (defamation) and Sections 66A and 67A of Information Technology Act that penalises the sender of any offensive message or sexually explicit act in electronic form.

Sharma's lawyer Neeraj Kishan Kaul called the arrest "shocking". "So many memes are doing rounds. Are you going to put such a condition for anyone who does this? It will have a chilling effect on a citizen's free speech," he said.

The court was of the view that if a common citizen did this, the situation would be different. "We are not against on your right to free speech. Because you are a member of BJP, the insinuation is different," it said.

Kaul wondered how a person could be jailed for putting out a meme merely because they were a party worker. The court replied, "Freedom of speech is non-negotiable, but it ends when it affects someone's right. We are not connecting with your criminal case but as a gesture say sorry if your post has hurt somebody."

Case Closed

Priyanka Sharma was held on May 10 for sharing a meme of Mamata Banerjee

• The West Bengal police filed a closure report in the defamation case against Sharma on Monday
• Sharma was sentenced to 14-day judicial custody for sharing a morphed image of Banerjee
• Her lawyer argued in SC whether it was fair to jail a person for merely sharing a meme on social media

Out of the woods

• Investigating officer approaches court, files report claiming no case established against Sharma under IPC section 500 (defamation), and sections 66A (offensive electronic messages) and 67A (transmitting sexually explicit material) of IT Act