The Andhra Pradesh High Court has ordered judicial magistrates serving in the State to strictly follow the law laid down by the Supreme Court in Arnesh Kumar and Imran Pratapgadhi cases before remanding a person booked for social media posts.
If the magistrates do not adhere to the decisions of the top court, they may face contempt and departmental inquiry, the High Court said in a circular issued on July 5, Friday.
“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,” the Court said.
The circular said that it has been brought to the notice of the High Court that law was not being followed by the magistrates before sending the accused for remand.
“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,” the Court said.
In the Arnesh Kumar v State of Bihar, the Supreme Court had issued guidelines mandating that police officers must record reasons for arrest in writing and only proceed with arrest if necessary, especially in cases where the punishment is less than seven years of imprisonment.
The apex court had said that the magistrates should not mechanically approve detention and that the failure to adhere to the guidelines would lead to action against both the police officials and the magistrates.
In Imran Pratapgadhi v State of Gujarat, the top court said that before registering an FIR in cases involving free speech, writing or artistic expression (where the offences carry 3-7 years of imprisonment), the police must conduct a preliminary enquiry.
The Supreme Court further said that such an inquiry must be approved by the Deputy Superintendent of Police and concluded within 14 days.
[Read High Court Circular]