Magistrates May Face Contempt For Remanding Individuals Over Social Media Posts Without Adhering To SC Guidelines: AP HC

The Andhra Pradesh High Court, in a recent circular, has directed all judicial magistrates to strictly follow the legal principles laid down in the *Arnesh Kumar* judgment before ordering the remand of accused persons, particularly in cases related to social media posts.

In a circular issued on Friday, July 5, the Andhra Pradesh High Court warned that magistrates who fail to comply with Supreme Court directives may face contempt proceedings and departmental inquiry.

“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 Court said.

In the *Arnesh Kumar v. State of Bihar* case, the Supreme Court laid down clear guidelines requiring police officers to record written reasons for an arrest and to make arrests only when absolutely necessary, particularly in cases where the offence carries a punishment of less than seven years.

The Court also directed that magistrates must not mechanically authorize detention, emphasizing that any failure to follow these norms could result in action against both the police personnel and the magistrates involved.

In *Imran Pratapgadhi v. State of Gujarat*, the Supreme Court held that in cases related to free speech, writing, or artistic expression—where offences carry a sentence of 3 to 7 years—police must first conduct a preliminary enquiry. This enquiry must be approved by a Deputy Superintendent of Police and completed within 14 days.

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