Magistrates To Face 'Contempt Action' If They Remand People For Social Media Posts Without Following SC Guidelines: AP High Court

The Andhra Pradesh High Court, has in a recent circular, directed all judicial magistrates to comply with the law laid down in 'Arnesh Kumar judgment' before remanding accused, specially those booked in cases pertaining to social media posts.The court has said that all judicial magistrates shall follow the court's direction scrupulously, and magistrates who violate the circular would render themselves liable for contempt of the High Court besides facing departmental enquiry. The July 5 circular issued by the high court's registrar states:"It has been brought to the notice of the High Court that most of the Judicial Magistrates are remanding the accused in cases pertaining to social media postings/comments without adhering to the principles laid down in Arnesh Kumar v. State of Bihar case". Notably the Supreme Court in Arnesh Kumar v State of Bihar (2014) had issued certain directions in order to prevent unnecessary arrest and causal and mechanical detention. The notification further refers to Supreme Court's recent decision in Imran Pratap Gadhi v. State of Gujarat, and notes that the Supreme Court of India with an "aim to prevent misuse of criminal law to stifle free expression", while quashing the FIR had held that the police before registering an FIR involving speech, writing or artistic expression (where the offences carry 3-7 years of imprisonment) must conduct a preliminary enquiry under Section 173 (3) of B.N.S.S. that such enquiry shall be preceded by an approval from Deputy Superintendent of Police that such enquiry must be concluded within fourteen (14) days. satisfyThe notification thereafter reads:"Therefore, all the Judicial Magistrates are hereby instructed to satisfy themselves before ordering remand, particularly in cases relating to social media postings/comments that the Investigating Officer complied with the law laid down in `Arnesh Kumar' and 'Imran Pratap Gadhi' cases that the accused had committed repeated and multiple offences, that the accused, if not ordered to be remanded to judicial custody, may influence the witnesses or tamper evidence that the police require custodial investigation. All the Judicial Magistrates shall follow the circular instructions, scrupulously, and any deviation in this regard will be viewed very seriously. The Judicial Magistrates who violate the circular would render themselves liable for contempt of the High Court besides facing departmental enquiry". Click Here To Read/Download Notification

Magistrates To Face 'Contempt Action' If They Remand People For Social Media Posts Without Following SC Guidelines: AP High Court

LIVELAW NEWS NETWORK

Tags