The Mumbai Police is attempting to criminalise political speech and dissent, UK-based doctor Sangram Patil stated in an affidavit filed before the Bombay High Court. [Sangram Patil v. State of Maharashtra & Ors].Patil approached the High Court challenging the Look Out Circular (LOC) and a first information report (FIR) registered against him over a social media post involving senior BJP leaders. He alleged that the case was politically motivated and intended to silence dissent..In response to Patil’s plea, the police alleged that his online activity and visit to India on a tourist visa formed part of a ‘larger, organised effort’. They also stressed the importance of an investigation into why a foreign citizen and qualified medical professional was engaged in posting allegedly scandalous and obscene content about the Prime Minister from abroad. .Patil claimed that the police’s reply was an attempt to criminalise political speech and justify an LOC issued more than a year after the impugned social media post. “The affidavit by Mumbai police is a clear attempt to criminalise political speech, justify an illegal LOC post-facto, chill dissent and abuse the criminal process,” Patil emphasised. .The FIR, based on a complaint by BJP media cell functionary Nikhil Bhamre, alleged that posts promoted enmity and hatred between communities through electronic means via content posted on a Facebook page titled “Shehar Vikas Aghadi.”While Patil admitted to the post, he argued that it neither names Prime Minister Narendra Modi nor contains any direct or indirect reference identifiable exclusively to him. Patil also alleged that the LOC was arbitrary and disproportionate as he had earlier cooperated with the investigation by appearing before the crime branch.He has urged the High Court to quash the FIR and LOC, reiterating that deficiencies in an FIR cannot be cured by later affidavits or explanations..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
