New Directive: Andhra HC Reinforces SC Guidelines Against Unwarranted Social Media Arrests!

In a landmark move, the Andhra Pradesh High Court has issued a clarion call to all judicial magistrates in the state. This warning is to adhere strictly to the Supreme Court’s guidelines, ensuring that criminal law is not wielded as a tool to stifle freedom of expression. According to The News Minute, this decisive action addresses the concerning trend of hastily registered FIRs over social media posts, often targeting political factions.

A Sweeping Circular

The High Court’s recent circular highlights a troubling pattern: multiple FIRs stemming from a single social media post, particularly targeting opposition figures. This overreach casts a shadow over the fundamental right to free speech, prompting the court’s revitalized defense of judicial fairness.

The Arnesh Kumar Ruling

Central to this directive are the Arnesh Kumar guidelines, which restrict unwarranted arrests in cases with offenses carrying a maximum sentence of less than seven years. The guidelines mandate that law enforcement must elucidate the need for arrest clearly, preventing unnecessary judicial remands.

Echoes of Supreme Court Wisdom

Referring to the Supreme Court’s 2025 judgment in the Imran Pratapgarhi case, the Andhra High Court has underscored the necessity of preliminary inquiries by police officers. This measure, particularly for offenses involving speech or expression, requires the oversight of a superior officer and aims at safeguarding speech freedoms.

Upholding Constitutional Freedoms

The Andhra Pradesh High Court’s circular reiterates the wisdom in conducting preliminary inquiries under Section 173 of the Bharatiya Nagarik Suraksha Sanhita. These inquiries, sanctioned by a Deputy Superintendent of Police, ensure that the right to free speech remains inviolable, even as laws evolve.

Consequences for Non-Compliance

In a stern warning, the High Court signaled that magistrates who ignore these procedural safeguards risk contempt charges and departmental inquiry. The move underscores the judiciary’s commitment to upholding individual rights amidst evolving legal landscapes.

A Message of Prudence

By reaffirming its commitment to justice and due process, the Andhra Pradesh High Court sends a clear message to court officers and policemen alike: In all actions involving social media content, prudence and legal rigor must be paramount, ensuring our freedoms remain inviolate.