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Specify Steps To Prevent Circulation Of Defamatory Remarks, Intimidatory Threats Affecting Justice Administration: AP High Court To CBI

Sparsh Upadhyay
17 Oct 2021 9:33 AM GMT
Specify Steps To Prevent Circulation Of Defamatory Remarks, Intimidatory Threats Affecting Justice Administration: AP High Court To CBI
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The Andhra Pradesh High Court recently directed the Central Bureau of Investigation (CBI) to specify steps to prevent the circulation of such intimidatory threats, scurrilous and defamatory remarks which affect the administration of justice.The Bench of Justice Joymalya Bagchi and Justice K.Vijaya Lakshmi was hearing the plea which was filed by the High Court of Andhra Pradesh Administration...

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The Andhra Pradesh High Court recently directed the Central Bureau of Investigation (CBI) to specify steps to prevent the circulation of such intimidatory threats, scurrilous and defamatory remarks which affect the administration of justice.

The Bench of Justice Joymalya Bagchi and Justice K.Vijaya Lakshmi was hearing the plea which was filed by the High Court of Andhra Pradesh Administration last year, primarily with a view to protecting its entity from the attack of some of the antisocial elements in the State.

It may be noted that in a strongly-worded Order, the Andhra Pradesh High Court had last year ordered CBI Inquiry into cases registered for defamatory remarks against Judiciary by YSRCP leaders.

Read this report to know more about the instant matter - [Breaking] [Andhra HC Vs Jagan Govt] HC Orders CBI Inquiry Into Cases Registered For Defamatory Remarks Against Judiciary By YSRCP Leaders [Read Order]

CBI's status report

On October 6, 2021, the Court was perusing the fourth Status Report filed on behalf of the Central Bureau of Investigation stating that an investigation has been done into the matter and some accused persons have been arrested.

The report of CBI further stated that a Charge sheet has been filed against 4 accused persons under various sections of IPC including Sections 505(2), 506 IPC, 153A on September 13, 2021, before the IV Additional Junior Civil Judge, Guntur.

The report has also submitted that the offenders operated both inside and beyond the territory of India and since some of the offenders are abroad, therefore, the CBI failed to interrogate them.

Court's observations

Having persued the status report of the CBI, the Court was of the view that the steps undertaken by the CBI aren't sufficient and therefore, the Court directed the CBI to take prompt and effective steps with regard to interrogation of the accused persons, who are beyond the territory of India and for collection of evidence beyond the territory of India.

The Court also noted that objectionable materials containing intimidatory threats, derogatory and scurrilous remarks against judges and judicial personnel continue to be circulated in social media with impunity.

Therefore, the court issued the following direction to the CBI

"It is the duty of the investigating agency not only to investigate crime, but also to prevent commission of similar offences in future. CBI is directed to submit report with regard to steps has or proposed to take to prevent circulation of such intimidatory threats, scurrilous and defamatory remarks which affect the administration of justice and immediate punitive measures with regard thereto."

The CBI has been directed to file its report by October 28, 2021.

Apart from this, the counsel for the High Court administration was given the liberty to file suggest steps that may be taken for investigation of the extraterritorial aspects of the crime. 

Additionally, the Assistant Solicitor General also seeks time to place on record particulars of personnel of the foreign companies, who are under law accountable to respond to the notices of investigating agencies investigating crime.

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