In a significant ruling on Friday, a magistrate’s court declared the arrest of Varad Tukaram Kanki illegal and ordered his immediate release. Kanki was apprehended by the cyber police for sharing a misleadingly edited video of Maharashtra Chief Minister Devendra Fadnavis, which misrepresented his speech about the Indian Constitution and democracy.
The controversy began when a snippet from a recent speech by CM Fadnavis in the state legislature was altered on social media. The edited version omitted the initial reference to Naxalites and misleadingly presented the statement as Fadnavis saying, “we do not believe in the Constitution.” The video quickly spread across platforms, garnering significant attention.
During the court session, the police argued for Kanki’s remand, claiming that the video was posted with “malicious intent” and posed a risk of inciting riots. However, Advocate Aishwarya Sharma, representing Kanki, countered that her client had neither created the video nor was he the original poster; he had merely shared it on his social media before it was taken down.
The court noted several procedural lapses in the arrest—primarily, the failure to inform Kanki of the grounds of his arrest or to notify his family, as mandated by Supreme Court guidelines. After reviewing the case records, the magistrate concluded that these omissions rendered the arrest unlawful.
In addition to ordering Kanki’s release, the magistrate issued a show-cause notice to the investigating officer responsible for the arrest. The notice demands an explanation for the deviation from legal procedures, highlighting the judiciary’s stringent stance on adherence to constitutional rights and legal norms in law enforcement practices.
