MP High Court Asks State To Inform If Man Declared As Habitual Offender After FB Comment On Kumbh Mela Was Heard

The Madhya Pradesh High Court has directed the State to inform whether any show cause notice was issued to a man challenging a Sub-Divisional Magistrate's (SDM) order declaring him a habitual offender for alleged objectionable comment on Facebook concerning the Kumbh Mela. The plea claims that proceedings against him were initiated based on a comment he made on a Facebook post, pertaining to the Kumbh Mela in Prayagraj. It claims that the comment has been characterised as a comment which might incite communal unrest.The plea claims that this single comment has been used to initiate proceedings under Section 129 of BNSS and to bind him down with an interim and final bond of Rs. 25,000 each for period of six months by an order of the SDM.Justice Vishal Mishra in his order, "Counsel appearing for the State is directed to seek instructions in the matter to the effect that as to whether any show cause notice or any opportunity of hearing was granted to the petitioner prior to taking action under Section 129 of the BNSS, 2023. List the matter on 24.07.2025 for consideration". On 17.01.2025, the officer designated in charge of the Police Station Bichhiya filed complaint to initiate proceedings under Section 129(e) of BNSS, 2023. The complaint relied on the Petitioner's alleged history of previous legal cases to term him a habitual offender and claimed that his continued liberty posed a threat to public peace and harmony. The 50-year-old social worker from District Balaghat contended that the contents of this complaint were mechanically reproduced in the daily Roznamcha and submitted to SDM without any independent inquiry. It was further alleged that the SDM relied exclusively on this police generated record to issue summons to the petitioner and direct him to furnish an interim bond of Rs. 25,000. The petitioner appeared before the SDM and objected to the demand for a bond, particularly in the absence of any show-cause notice. However, the SDM rejected the request and instead ordered the petitioner's judicial custody for failure to furnish interim bond. Subsequently, the petitioner was released from custody after a week. He alleged that he was compelled to furnish the bond without being provided a copy of the complaint or any supporting evidence. In March 2025, he submitted a detailed reply challenging the legality of the entire preventive proceedings. He also enclosed documents highlighting his record as a social worker, asserting that the initiation of proceedings was wholly unjustified. Despite this, the SDM passed the final order dated March 18, 2025, reiterating the allegations made by the police officials . "The order stated that the petitioner had posted an objectionable online comment and had a record of unlawful activities, thereby posing a potential threat to communal harmony," the plea states. The petitioner, however, submitted that four out of seven cases (lodged against the petitioner) cited by the SDM in his order while declaring petitioner habitual offender, were preventive in nature and did not demonstrate any consistent pattern of unlawful behaviour. He argued that the classification under 'habitual offender' was neither substantiated nor justified under Section 129 BNSS. He further contended that the proceedings were vitiated by a failure to adhere to the basic principles of natural justice. No show cause notice had been issued prior to the initiation of the proceedings, nor was he given any opportunity to examine or cross-examine witnesses. The petitioner claimed that he was deprived of the fundamental procedural safeguards guaranteed under the law. The petitioner, thus, sought the quashing of the SDM's final order, terming it arbitrary, illegal and procedurally flawed. For Petitioner: Advocates Akshay Sapre, Aishwarya Choudhary, Malavika Prasad, Nikita Sonavane, Sagar Soni, Spoorthi Cotha, Maheshwari Mawase and Tasveer ParmarFor State: Government Advocate A.S. BaghelCase Title: Vivek Pawar v Sub Divisional Magistrate Bichhiya (WP - 28112/2025 (CR)Click here to read the Order

MP High Court Asks State To Inform If Man Declared As Habitual Offender After FB Comment On Kumbh Mela Was Heard

Jayanti Pahwa

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