The Andhra Pradesh High Court has made it clear that remand is being imposed in social media cases only as per the guidelines of the Supreme Court. It has ruled that the Supreme Court guidelines should be followed while imposing remand on accused in cases of inappropriate and objectionable posts and comments on social media.
The High Court has clarified this to the magistrates in the state. It has warned that if these orders are violated, departmental inquiry and contempt of court action will be taken. Disclosing the details to the magistrates to this extent.. The Registrar has issued a judicial circular.
The Supreme Court has advised that the guidelines should be followed while imposing remand on accused in cases related to inappropriate and objectionable posts and comments on social media. The AP High Court reminded that it has come to the notice of the court that the magistrates are imposing remand on the accused without paying attention to the Supreme Court guidelines in the Arnesh Kumar vs. State of Bihar case while imposing remand on the accused.
The AP High Court has directed the magistrates to take a decision after conducting a preliminary inquiry in such cases carrying a punishment of three to seven years. It has clarified to the police that a preliminary inquiry should be conducted under Section 173(3) of the BNSS (cases carrying a punishment of 3-7 years) before registering an FIR in the complaints received regarding speech, writing and artistic expression.
It has ordered them to take permission from the concerned DSP before the preliminary inquiry and to conclude the inquiry within 14 days. The AP High Court said that a decision on imposing remand should be taken only after the magistrates are satisfied on such issues as: Have the accused committed the said crimes again and again?… Is there a possibility of influencing witnesses?… Can evidence be tampered with?… Is custodial investigation necessary?
The Andhra Pradesh High Court has made it clear that magistrates must strictly follow the instructions in the circular and that if they violate them, they will not only face departmental investigation but will also be liable for action under contempt of court.