The Supreme Court on Wednesday termed as 'prima facie arbitrary' the arrest of BJP's youth wing leader for allegedly posting morphed image of Chief Minister Mamata Banerjee on social media and pulled up the West Bengal government for the delay in releasing her.
A vacation bench comprising justices Indira Banerjee and Sanjiv Khanna was informed by the counsel of activist Priyanka Sharma's brother that she was not released from jail on Tuesday despite the apex court's order granting her bail and ordering her immediate release.
However, the counsel for West Bengal government informed the bench that she has been released from jail at 9:40 am today.
"Why 9:40 am today? The order was passed in your presence," the bench told the state counsel.
When the state's counsel referred to the jail manual, the bench shot back, "Jail manual can't have precedence over an order of the Supreme Court."
"No. This is not done. First of all the arrest was prima facie arbitrary," the bench said.
Senior advocate Neeraj Kishan Kaul, appearing for Priyanka's brother Rajib Sharma who filed the plea in the apex court, told the bench that despite the apex court's Tuesday order granting her bail she had to spend another night behind the bars.