Magistrates To Face ‘Contempt Action’ If They Remand People For Social Media Posts Without Following SC Guidelines: AP High Court
The Andhra Pradesh Excessive Courtroom, has in a current round, directed all judicial magistrates to adjust to the regulation laid down in ‘Arnesh Kumar judgment’ earlier than remanding accused, specifically these booked in instances pertaining to social media posts.
The court docket has stated that each one judicial magistrates shall comply with the court docket’s route scrupulously, and magistrates who violate the round would render themselves responsible for contempt of the Excessive Courtroom apart from dealing with departmental enquiry.
The July 5 round issued by the excessive court docket’s registrar states:
“It has been delivered to the discover of the Excessive Courtroom that many of the Judicial Magistrates are remanding the accused in instances pertaining to social media postings/feedback with out adhering to the rules laid down in Arnesh Kumar v. State of Bihar case“.
Notably the Supreme Courtroom in Arnesh Kumar v State of Bihar (2014) had issued sure instructions to be able to forestall pointless arrest and causal and mechanical detention.
The notification additional refers to Supreme Courtroom’s current choice in Imran Pratap Gadhi v. State of Gujarat, and notes that the Supreme Courtroom of India with an “intention to forestall misuse of prison regulation to stifle free expression”, whereas quashing the FIR had held that the police earlier than registering an FIR involving speech, writing or inventive expression (the place the offences carry 3-7 years of imprisonment) should conduct a preliminary enquiry beneath Part 173 (3) of B.N.S.S. that such enquiry shall be preceded by an approval from Deputy Superintendent of Police that such enquiry have to be concluded inside fourteen (14) days. fulfill
The notification thereafter reads:
“Due to this fact, all of the Judicial Magistrates are hereby instructed to fulfill themselves earlier than ordering remand, notably in instances referring to social media postings/feedback that the Investigating Officer complied with the regulation laid down in `Arnesh Kumar’ and ‘Imran Pratap Gadhi’ instances that the accused had dedicated repeated and a number of offences, that the accused, if not ordered to be remanded to judicial custody, could affect the witnesses or tamper proof that the police require custodial investigation. All of the Judicial Magistrates shall comply with the round directions, scrupulously, and any deviation on this regard shall be considered very significantly. The Judicial Magistrates who violate the round would render themselves liable for contempt of the Excessive Courtroom apart from dealing with departmental enquiry“.
