Bombay HC Sets Aside Judicial Custody Of Man Who Uploaded Video Containing Derogatory Remarks Against Maharashtra Deputy CM

The Bombay High Court set aside the judicial custody of man accused of uploading video that contained derogatory remarks against Maharashtra Deputy Chief Minister (CM) Devendra Fadnavis.

The accused had filed a petition against the order of the Additional Sessions Judge who remanded him to police custody for five days.

A Single Bench of Justice R.N. Laddha said, “Despite the possibility of promptly issuing and serving notice to the petitioner, no such notice was issued, and he was not granted an opportunity for a hearing. This omission goes against the fundamental principles of natural justice. This itself is sufficient to warrant interference in the impugned order and as such, this Court does not consider it necessary to discuss in detail the submissions advanced by the learned Counsel for the parties.”

Advocate Prashant Aher appeared on behalf of the petitioner/accused while Public Prosecutor H.S. Venegavkar appeared on behalf of the State.

Facts of the Case -

The complainant had filed an FIR against an unidentified individual and alleged that while scrolling through the Facebook account, he encountered a video in which someone was giving an interview and making severe accusations against the Deputy CM, who oversees the Home Ministry. The video, which contained the derogatory remarks and death threats, was broadcasted by a news channel and was seen on various social media platforms, including Facebook, Twitter, and YouTube. The complainant came across the petitioner’s Facebook account, where he noticed that the petitioner/accused had uploaded an existing video containing derogatory remarks and threats.

Consequently, an offence under Sections 500, 153A, 505(1), 506(2), 120B, and 34 of the Indian Penal Code (IPC) was registered and the accused was arrested. The Magistrate remanded him to judicial custody, noting that the video had already been circulated on Facebook, rendering the accused’s custody unnecessary. According to the Magistrate, the accusations against him were related to uploading a contentious video on social media, and an unidentified individual gave the threat. It was the accused’s grievance that, without giving any prior notice or granting an opportunity to be heard, the ASJ granted a five-day police custody for him. Being aggrieved and dissatisfied with such order, he filed the petition.

The High Court in the above context of the case observed, “The record indicates that the petitioner was arrested and produced before the learned Metropolitan Magistrate, Bandra, Mumbai, on 29 February 2024. The Magistrate subsequently ordered the petitioner into judicial custody. However, the impugned order passed in Criminal Revision No.174 of 2024 nullified the Magistrate’s custody order and granted police custody until 7 March 2024. It is worth noting that when the impugned order was passed, the petitioner was in judicial custody.”

Accordingly, the High Court allowed the petition and set aside the impugned order.

Cause Title- Yogesh Rajendra Sawant v. The State of Maharashtra & Anr. (Neutral Citation: 2024:BHC-AS:10929)

Appearance:

Petitioner: Advocates Prashant Aher, Vijay D. Patil, and Ajinkya Pokharkar.

Respondents: PP HS Venegavkar and APP Arfan Sait.

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