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2mo ago

Andhra Pradesh High Court Directs Magistrates to Follow Supreme Court Remand Safeguards

Magistrates must confirm compliance with landmark Supreme Court remand safeguards in social media cases.

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A wide view of the Andhra Pradesh High Court building, a modern structure with beige stone walls and large vertical black window shades. The Indian national emblem is mounted above the entrance, along with text in English and Telugu reading “HIGH COURT OF ANDHRA PRADESH.” Two workers are seen on scaffolding and a ladder on the side of the building, suggesting ongoing maintenance or construction work. A green canopy and some blue tarps are visible in the foreground.
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Overview

  • The Andhra Pradesh High Court issued a July 5 circular instructing magistrates to ensure compliance with Arnesh Kumar and Imran Pratapgarhi remand guidelines in social media-related cases.
  • Arnesh Kumar safeguards require police to record clear reasons for arrests in offences punishable by under seven years to prevent unnecessary custody.
  • The Imran Pratapgarhi ruling mandates preliminary inquiries under BNSS Section 173(3) and DSP approval within 14 days before registering FIRs for speech-related offences with three to seven-year sentences.
  • Magistrates who remand suspects without verifying that officers followed these legal safeguards face contempt of court and departmental inquiries.
  • The directive responds to concerns over multiple FIRs filed by partisan actors across different police stations for single online posts in a charged political environment.