ANDRA PRADESH | 6TH JULY 2025 – In a significant move to uphold constitutional safeguards, the Andhra Pradesh High Court has issued a stern directive to all judicial magistrates in the State, mandating strict adherence to Supreme Court guidelines laid down in the Arnesh Kumar and Imran Pratapgadhi cases before remanding individuals booked for social media posts.

The High Court, in a circular issued on July 5, emphasized that any violation of these guidelines would invite serious consequences, including contempt proceedings and departmental inquiries.

MAGISTRATES WARNED OF SERIOUS CONSEQUENCES FOR NON-COMPLIANCE

The circular clearly states:

“All the Judicial Magistrates shall follow the circular instructions scrupulously, and any deviation in this regard will be viewed very seriously. The Judicial Magistrates who violate the circular would render themselves liable for contempt of the High Court besides facing departmental enquiry.”

The High Court noted that it had come to its attention that several magistrates were not complying with the law before ordering remand in cases related to social media comments or posts.

MANDATORY PRECAUTIONS BEFORE ORDERING REMAND

The circular further directs:

“Therefore, all the Judicial Magistrates are hereby instructed to satisfy themselves before ordering remand, particularly in cases relating to social media postings/comments that the Investigating Officer complied with the law laid down in `Arnesh Kumar’ and ‘Imran Pratap Gadhi’ cases that the accused had committed repeated and multiple offences, that the accused, if not ordered to be remanded to judicial custody, may influence the witnesses or tamper evidence that the police require custodial investigation.”

BACKGROUND: ARNESH KUMAR AND IMRAN PRATAPGADHI CASES

ARNESH KUMAR V STATE OF BIHAR

In this landmark judgment, the Supreme Court mandated that police officers must record reasons for arrest in writing and proceed with arrest only if it is necessary, especially when the offence involves a punishment of less than seven years. The Court also stressed that magistrates should not mechanically authorize detention and warned that non-compliance would result in action against both police officers and magistrates.

IMRAN PRATAPGADHI V STATE OF GUJARAT

In this case, the Supreme Court ruled that before registering an FIR involving alleged offences related to free speech, writing, or artistic expression (where punishment ranges from 3 to 7 years), the police must first conduct a preliminary enquiry. This enquiry must be approved by the Deputy Superintendent of Police and completed within 14 days.

STRENGTHENING SAFEGUARDS FOR FREEDOM OF EXPRESSION

This directive by the Andhra Pradesh High Court seeks to ensure that citizens’ fundamental rights, especially in matters relating to freedom of speech and expression on social media, are protected from arbitrary arrests and remand orders.