The Mumbai Police have opposed a plea filed by UK-based doctor and YouTuber Sangram Patil challenging an FIR and Look Out Circular (LOC) issued against him, telling the Bombay High Court that the investigation is still at a critical stage and that the possibility of an organised effort to malign constitutional authority cannot be ruled out.
In an affidavit filed before the High Court, the police said further investigation was required into why Patil, while residing outside India, allegedly posted objectionable content against BJP leaders on social media. “At this stage, the possibility of such acts forming part of a larger, organised effort to malign constitutional authority and disturb public order cannot be ruled out,” the investigating agency said.
The police sought dismissal of Patil’s “misconceived and premature” plea challenging the FIR registered on December 18. Patil, a British national of Indian origin, was detained on January 10 upon arrival at the Mumbai international airport and was later prevented from leaving the country.
“It is a matter of serious concern, warranting investigation as to why a foreign citizen, despite being a qualified medical professional, visiting India on a Tourist E Visa, has engaged in posting defamatory, scandalous, obscene and inflammatory material without any substance and basis against the Prime Minister of India while residing outside the country,” the police told the court.
The affidavit, filed on January 30 by Deputy Commissioner of Police (Detection), Crime Branch, Raj Tilak Roushan, was submitted after Justice Ashwin Bhobe on January 22 sought the police response to Patil’s plea. Patil has approached the court through senior advocate Sudeep Pasbola along with advocates Ujjwalkumar Chavhan and Aditya Hire, alleging that the FIR and LOC were “illegal” and “arbitrary”.
While Patil has claimed that the post in question did not mention the full name of any BJP leader, the police said that the “investigation has revealed that many other posts posted by the petitioner on Facebook are also against the Prime Minister of India, a prominent national leader.”
The FIR was registered at NM Joshi Marg police station on a complaint by BJP media cell functionary Nikhil Bhamre, who stated that he came across allegedly objectionable content containing disinformation against BJP leaders on the ‘Shahar Vikas Aghadi’ Facebook page on December 14. Bhamre alleged that similar content had also been published by Patil.
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“On a prima facie assessment of the timing, content, location and similar narrative of the posts, it appears prima facie that both the Facebook accounts were operated in a coordinated and concerted manner aimed at maligning and scandalising the image of Prime Minister of India hinting at high probability of common authorship, control or conspiracy,” the affidavit said.
The police further pointed out that Patil is a resident of Erandol in Jalgaon district, while the owner of the Facebook page in question listed Chalisgaon—also in Jalgaon district—as its location.
“…Prima facie these two Facebook accounts are working in tandem with each other for setting and advancing common purpose,” the agency stated.
According to the affidavit, Patil “failed to provide satisfactory, truthful answers to the questionnaire issued to him” and “deliberately avoided submitting his mobile phone and other digital devices for forensic examination, thereby obstructing the investigation.”
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The police also claimed that Patil continued to post “derogatory and inflammatory content” even after arriving in India. His refusal to give access to his Facebook account was described as “evasive conduct” raising “reasonable suspicion of deliberate concealment” and “possible subsequent tampering and destruction of digital evidence.”
The affidavit said it was necessary to investigate whether Patil had any “local assistance, collaborators or handlers in India who facilitated or amplified the dissemination of such content on social media, particularly content that directly attacks the character and dignity of the Prime Minister of India.”
The agency said it was also required to ascertain the “true purpose of petitioner’s visit to India” and whether his actions violated the conditions of his Tourist Visa.
Seeking rejection of the plea, the police informed the court that the probe was at a “crucial cyber-forensic stage” and that the process had been initiated through proper channels to obtain information from Meta Platforms regarding the Facebook posts in question.
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“If the petitioner goes out of India to UK, then it will be nearly impossible to secure his presence in India for completing the investigation as he is British national,” the Police said.
