Twitter user Sunaina Holey, who had recently received bail following her arrest for allegedly making ‘offensive’ comments against Maharashtra CM Uddhav Thackeray and Environment Minister Aaditya Thackeray on social media, has been arrested yet again. This time, she has been arrested by the Tulinj Police.
Vivekananda Gupta, lawyer of Sunaina Holey, has dubbed the arrest illegal. He has said that without notice for appearance before the police under section 41A, she cannot be arrested as per law. He said that the arrest was in violation of Supreme Court guidelines. The law also mandates that a woman cannot be arrested after sunset.
The lawyer said that as per the bail order she was to visit the Bandra Kurla Complex Police Station for three consecutive Fridays. At 3 pm today she went there as per the bail order to cooperate with the investigation. But police officers from Tulinj PS were already there and they took her into custody. Sunaina Holey will be produced at the Wasai Magistrate Court tomorrow.
It is double jeopardy since she is being arrested in the same offence, the lawyer said. According to 41A(1) of the CrPC, any offence punishable with imprisonment up to seven years, police have to issue a notification for an appearance at the police station instead of arresting such a person. Moreover, as long as a person is cooperating, the police can not arrest the said person, as per section 41A(3). The lawyer said that in both cases, notice under section 41A was not served.
Sunaina Holey released by Mumbai police
After Vivekananda Gupta pointed out multiple irregularities by Mumbai police again after she had obtained bail in the same case, she was released by police. The news of hew second arrest had caused an outrage on social media, accusing the Maharashtra government of being intolerant and misusing police force to shut down criticism. Moreover, Mumbai police also served a notice to Sunaina Holey under 41A of the CrPC, as required under the law.
Shiv Sena against Sunaina Holey
Maharashtra Police had arrested one Twitter user Sunaina Holey, who goes by the ID @SunainaHoley, on Thursday after a complaint was filed against her by Rohan Chavhan, a leader of the Shiv Sena’s youth wing Yuva Sena. In his complaint, Chavhan wrote that Sunaina had posted objectionable content on the microblogging website against CM Uddhav Thackeray and Environment Minister Aaditya Thackeray.
The complaint was filed at Tulinj Police Station, Nalasopara. The user also runs a backup account @NidarNaari, and both these accounts were mentioned in the complaint. Chavhan mentioned that Sunaina used extremely offensive against the Shiv Sena chief and his son to defame their image on social media. He urged police to take action against her under section 294 (using obscene language in public place), 499 (defamation), 506 (criminal intimidation) and other relevant sections of the IPC and Section 66A of the Information Act 2000 within 48 hours.
Sunaina Holey was granted bail after first arrest
Sunaina Holey was granted bail after the BJYM intervened in the matter. Advocate Vivekananda Gupta arranged for the bail of Sunaina Holey. BJP spokesperson Hitesh Jain also helped in the matter. People on social media were outraged by the highhandedness shows by the Shiv Sena. The party was criticised heavily for attempting to curtail an individual’s right to freedom of speech and expression.