Social media user Sameet Thakkar was granted bail today finally after a long ordeal of several weeks. Sameet’s sister Sneha Singhvi informed that after the Supreme Court refused to entertain his bail plea and asked to approach the HC, he was granted bail by the magistrate at a lower court.
As per Singhvi, Thakkar will be released later today after completion of formalities.
Supreme Court refuses to hear petition
The Supreme Court on Monday refused to hear habeas corpus petition filed by Senior Advocate Mahesh Jethmalani on behalf of Sameet Thakkar against his arrest and custody over tweets against the Chief Minister of Maharashtra, his son, and a minister.
No relief for Sameet Thakkar from Supreme Court.— Bar & Bench (@barandbench) November 16, 2020
However, Maharashtra government informs SC that @thakkar_sameet ‘s custodial interrogation is over and hence no opposition to the bail plea.
Hearing in Magistrate court today. #SupremeCourt #sameetthakkar https://t.co/NChEyjY4Ey
Maharashtra govt said in SC that they will not oppose bail
Advocate Rahul Chitnis appearing for the Maharashtra government informed the apex court that they would not oppose bail plea pending in the lower court as the custodial interrogation is over. Jethmalani requested the court to put Chitnis’s statement on record. He informed the court that there are three FIRs against Thakkar that does not disclose any offense. He was arrested over different FIRS filed over the same matter.
CJI: We are immune to shocks— Bar & Bench (@barandbench) November 16, 2020
Rahul Chitnis for state of Maharashtra: we have no opposition to the bail application moved today. Our custodial interrogation is over
Thakkar was brought to court in an inhumane condition
Advocate Jethmalani informed the apex court Thakkar was first arrested from Rajkot and brought to Nagpur. During one of the hearing, he was seen being brought tied with a rope from his neck. He alleged that Thakkar was paraded on the road by the police. CJI asked to approach the High Court as it has the power to transfer cases and grant bails.
Jethmalani reads his additonal affidavit: all offences are bailable offences. On Oct 24 he was arrested in Rajkot. Thereafter he was taken to Nagpur and was produced in inhuman condition with neck tied with rope. He was paraded on road.— Bar & Bench (@barandbench) November 16, 2020
CJI noted that Advocate Chitnis made a statement that Thakkar will get relief and asked Thakkar’s lawyer to withdraw the plea as they will not entertain it under Article 32. The Article of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’.
Jethmalani: I am in custody for three weeks— Bar & Bench (@barandbench) November 16, 2020
CJI: Mr Chitnis has made a statement and you will get relief. We will allow you to withdraw this. We will not entertain this under Article 32@thakkar_sameet #SupremeCourt
Sameet Thakkar’s arrest
Three FIRs were registered against Thakkar in Nagpur, VP Road police station Mumbai and BKC Cyber Police. Two of them were registered on July 2, while the third one was registered on August 5. Thakkar had allegedly posted objectionable remarks against CM Uddhav Thackeray, his son Aditya Thackeray and Nitin Raut. He filed a petition in Bombay High Court seeking protection from the arrest. On October 1, the court granted him protection and asked him to cooperate in the investigation. He was first arrested on October 24 by Nagpur Sitabuldi police and spent nine days in custody. He was rearrested on November 2 after the court granted him bail. BKC police then arrested him on November 10 after he got bail on November 9. Senior Advocate Mahesh Jethmalani had recently stepped forward to appear for him in court.