No Mechanical Remands in Social Media Cases: Andhra Pradesh High Court Mandates Strict Compliance with Arnesh Kumar and Imran Pratap Gadhi Guidelines

“Judicial Magistrates Must Personally Verify Compliance Before Remanding Accused in Speech-Related Offences”:  High Court of Andhra Pradesh at Amaravati issued a decisive and far-reaching directive through Circular No. 8/2025, directing Judicial Magistrates across the state to exercise heightened caution and legal scrutiny before ordering remand in cases related to social media posts and comments. The High Court firmly reinforced the binding effect of the Supreme Court’s rulings in Arnesh Kumar v. State of Bihar (2014) and Imran Pratap Gadhi v. State of Gujarat (2025) to ensure the protection of personal liberty and freedom of expression.
Emphasizing the constitutional safeguard against arbitrary arrest, the circular puts every Magistrate on notice that failure to comply with these guidelines could attract contempt proceedings and departmental action.
The circular was prompted by frequent reports of arbitrary arrests and routine remands in cases where individuals were booked for social media posts, even though the alleged offences carried maximum sentences below seven years. The High Court observed that despite clear guidance from the Supreme Court, Judicial Magistrates continued to authorise custody without conducting the legally mandated scrutiny.
The Arnesh Kumar judgment (2014) had categorically ruled that in cases punishable with imprisonment up to seven years, the police must justify the necessity of arrest, and Magistrates must not automatically remand the accused without due consideration.
In a recent reinforcement of this principle, the Supreme Court in Imran Pratap Gadhi v. State of Gujarat (March 28, 2025) ruled that in cases involving speech, writing, or artistic expression, especially where punishment ranges between three to seven years, the police must conduct a preliminary enquiry within fourteen days, with prior approval from a Deputy Superintendent of Police, before even registering an FIR.
High Court Flags Rampant Misuse of Criminal Law to Suppress Free Speech
Highlighting serious concerns over the misuse of the criminal justice system to stifle dissent and expression, the High Court stressed that many remand orders were being passed in blatant disregard of the constitutional safeguards laid down in Arnesh Kumar and Imran Pratap Gadhi. The Court reiterated that freedom of expression is a fundamental right, and the power of arrest must not be abused to intimidate citizens for social media activity.
Judicial Magistrates Directed to Personally Satisfy Themselves on Compliance with Supreme Court Guidelines
Issuing a firm directive, the circular made it mandatory for Judicial Magistrates to personally verify the following key aspects before passing a remand order in cases arising from social media postings:
•    Whether the Investigating Officer has complied with the guidelines laid down in Arnesh Kumar and Imran Pratap Gadhi;
•    Whether the accused is involved in repeated or multiple offences arising out of the social media post;
•    Whether there exists any genuine risk of the accused influencing witnesses or tampering with evidence;
•    Whether custodial interrogation is absolutely necessary in the facts of the case.
The High Court clarified that mere registration of an FIR cannot be the sole ground for remanding the accused in custody, especially in matters linked to social media expression.
High Court Warns Magistrates of Serious Disciplinary Action and Contempt for Non-Compliance
Issuing a stern warning, the High Court categorically stated: “Any deviation in this regard will be viewed very seriously. Judicial Magistrates who violate the circular would render themselves liable for contempt of the High Court besides facing departmental enquiry.”
This unprecedented move underscores the accountability of Judicial Magistrates in safeguarding individual liberty, reiterating their constitutional duty to prevent misuse of criminal law, particularly in cases linked to freedom of speech.
High Court Orders State-Wide Circulation of the Circular Among All Judicial Officers
To ensure uniform compliance, the High Court has directed that this circular be widely disseminated among all Judicial Officers in Andhra Pradesh. The Registrar (I.T.) has been tasked with uploading the circular on the official website, while Unit Heads have been instructed to ensure strict circulation and compliance within their respective jurisdictions.
With this emphatic directive, the High Court of Andhra Pradesh has taken a decisive step to curb arbitrary arrests and mechanical remand orders in cases concerning social media expression. By enforcing strict adherence to Arnesh Kumar and Imran Pratap Gadhi precedents, the Court seeks to strengthen the fundamental right to free speech and ensure personal liberty is not compromised at the altar of procedural expediency. This circular signals a clear judicial intent to hold both police and Magistrates accountable in protecting civil liberties.