Date: 5 July 2025
Circular No.: 8/2025
Issued by: High Court of Andhra Pradesh, Amaravati
Reference: ROC No. 99/SO/2023
What’s the Matter?
The High Court of Andhra Pradesh has taken serious note of Judicial Magistrates remanding accused individuals in cases involving social media posts or comments, without adhering to Supreme Court guidelines. These FIRs often arise from a single post, yet lead to multiple criminal cases across police stations.
To stop this legal overreach, the Court has issued strict instructions based on two landmark Supreme Court judgments:
- Arnesh Kumar v. State of Bihar (2014)
- Imran Pratap Gadhi v. State of Gujarat (2025)
What the Supreme Court Said
1. Arnesh Kumar Guidelines (2014):
Before sending someone to jail, Magistrates must ask:
- Is arrest genuinely necessary?
- Do the police need custodial interrogation?
- Could the accused tamper with evidence or influence witnesses?
If the answer is no, remand is not justified.
2. Imran Pratap Gadhi Guidelines (2025):
For cases involving speech, writing, artistic expression, or social media, where the punishment is between 3 to 7 years, the police must:
- Conduct a preliminary enquiry under Section 173(3), BNSS
- Get prior approval from a Deputy Superintendent of Police
- Complete the enquiry within 14 days
No FIR should be registered unless this process is followed.
Instructions to All Judicial Magistrates
Before remanding any accused in social media-related cases:
- Confirm that a preliminary enquiry was done per the Imran Pratap Gadhi judgment.
- Ensure Arnesh Kumar safeguards have been fully followed.
- Check if the accused is involved in multiple or repeated offences.
- Only order remand if custodial investigation is absolutely necessary or if there’s a real risk of tampering with evidence.
Strict Warning from the High Court
Any Judicial Magistrate who violates these instructions will face serious consequences:
- Contempt of Court
- Departmental Enquiry
The High Court has made it clear — this is not optional.
Next Steps Ordered by the Court
- All Unit Heads across Andhra Pradesh must circulate this circular to every Judicial Officer.
- The Registrar (IT) has been directed to upload it to the official High Court website.
🧾 Nyaya Vartha Note:
This circular is a significant move to prevent misuse of criminal law and protect freedom of expression. Courts must balance law enforcement with constitutional rights — and this circular enforces that balance.
“Hear the Law, Know Your Rights” – Nyaya Vartha