Meme row: BJP activist Priyanka Sharma released late, West Bengal government gets the stick

The West Bengal government faced the ire of the Supreme Court on Wednesday for delaying the release of BJP activist Priyanka Sharma by almost 21 hours, despite the Court ordering her 'immediate release' on Tuesday.

Sharma had shared a morphed image of Banerjee donning actor Priyanka Chopra's spooky look at the Met Gala event in New York. The WB police closed the case against her on Monday. Sharma was allegedly forced to sign an apology for the meme post prior to her release on Wednesday morning.

The vacation bench of Justices Indira Banerjee and Sanjiv Khanna were upset after Sharma's counsel told them at 10.30 am that she was yet to be released. "This is not done. The arrest itself is prima facie arbitrary and now the delay. We will initiate contempt if she is not released within half-an-hour." The bench called for the state government counsel who appeared and told the Court that the Sharma was released at 9.40 am on Wednesday.

Senior advocate Neeraj Kishan Kaul who appeared for Sharma's brother Rajib verified by contacting relatives of Sharma. However, he urged the SC to hear an application that showed how the state played with the Court by demanding an endorsement from the Chief Judicial Magistrate (CJM) before the actual release.

The lawyers for Sharma had intimated the Jailor at Alipore Women's Correctional Home soon after the order was passed around 12 noon on Tuesday. However, the Jailor sought an order from CJM or certified copy of SC order, which was taking time to arrive. Priyanka was made to sign on an apology prepared by the West Bengal police before her release, which was contrary to the SC ordering her release first and then seeking a written apology from her.

West Bengal counsel Aastha Sharma told the Court that seeking certified copy of the release order was a requirement under the Jail Manual. But the SC said: "Jail Manual cannot have precedence over our order. The direction was issued yesterday in your presence, yet you released her (detenue) at 9.40 am today?"

Kaul told the Court that the state is guilty of suppressing facts as it was aware that the cops had filed a closure report. The application on behalf of Sharma sought recall of the SC order demanding her apology as Kaul submitted that had the police informed about closure of the case, no occasion would arise for the Court to make apology go hand-in-hand with the detenue's release.

The Vacation bench told Kaul that now that the girl has been released, there is no urgency to hear the application during the Vacation. It directed the application to be listed in July.

RELEASE RELAY

• BJP activist Priyanka Sharma shared a spooky meme of West Bengal chief minister Mamata Banerjee
   
• SC on Tuesday ordered immediate release of Sharma from prison, but she claims authorities delayed it by 21 hours