Petition Challenging Remand Order in Social Media Controversy Set Aside for Violation of Natural Justice.
06 March 2024
FIR >> Criminal Law
This petition of Yogesh Rajendra Sawant v/s The State of Maharashtra Through Public Prosecutor Criminal Appellate Side, High Court Bombay & Another., challenges an order passed by the Additional Sessions Judge, Greater Mumbai, in Criminal Revision Application No.174 of 2024, which remanded the petitioner to five days of police custody. The petitioner had been arrested on 29 February 2024 following an FIR filed against an unidentified individual for uploading a video on social media that allegedly contained derogatory remarks and threats against the Deputy Chief Minister. The petitioner, who allegedly uploaded the video on his Facebook account, was initially placed in judicial custody by a Magistrate, as the video was already in the public domain.
However, the Additional Sessions Judge overturned the Magistrate's order and remanded the petitioner to police custody without granting an opportunity for the petitioner to be heard or issuing any prior notice. The petitioner argues that the remand was unnecessary, as the video was already circulating and that the FIR was politically motivated. The State, on the other hand, defends the decision, claiming that the petitioner was involved in previous criminal activities and that the investigation was ongoing.
The Court found that the Additional Sessions Judge had failed to adhere to the principles of natural justice by not providing the petitioner with a chance to be heard before remanding him to police custody. Consequently, the impugned order was set aside, and the petition was allowed.
Section 92, RIGHTS OF PERSONS WITH DISABILITIES ACT - 2016
RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016