Social media posts: judicial magistrates cautioned against deviating from law while ordering remand 

The Registrar (Judicial) of the High Court (HC) of Andhra Pradesh issued a circular on July 5, instructing the judicial magistrates in the State to satisfy themselves before ordering remand, particularly in cases relating to social media postings / comments, that the investigating officers complied with the law laid down in the Arnesh Kumar vs State of Bihar and Imran Pratapgarhi vs State of Gujarat judgments.

It was mentioned in the given judgements that the magistrates should satisfy themselves that the accused committed repeated and multiple offences, and, if not ordered to be remanded to judicial custody, the accused might influence the witnesses or tamper evidence that the police require for custodial investigation.

The Registrar observed that it had been brought to the notice of the HC that the judicial magistrates were remanding the accused in cases pertaining to social media postings / comments without adhering to the principles laid down in the above judgments.

While quashing the FIR in the Imran Pratapgarhi vs State of Gujarat case,  the Supreme Court held that, before registering an FIR involving speech, writing, or artistic expression (where the offences carry three to seven years of imprisonment), the police must conduct a preliminary inquiry under Section 173 (3) of the Bharatiya Nagarik Suraksha Sanhita, and such inquiry shall be preceded by an approval from the Deputy Superintendent of Police and the same must be concluded within 14 days.

The judicial magistrates have to follow the circular scrupulously, and any deviation thereof would be viewed very seriously, and they would be rendering themselves liable for contempt of the HC, besides facing departmental inquiry.