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This is an archive article published on February 14, 2022

Explained: CBI makes more arrests; where does the AP derogatory social media posts case stand?

The CBI has arrested two advocates for allegedly posting derogatory and defamatory comments against judges of Andhra Pradesh HC. What is the case that the CBI is investigating?

Andhra Pradesh HCAndhra Pradesh High Court. (Wikimedia Commons)

The Central Bureau of Investigation (CBI) has arrested two advocates including the Standing Counsel for the Andhra Pradesh Legislative Council, and an employee at a private firm for allegedly posting derogatory and defamatory comments against judges of Andhra Pradesh High Court.

All three men, M Chandrashekar, Standing Counsel for AP Legislative Council, and senior advocate Gopal Krishna, and the employee, Ramesh Kumar, were arrested on Saturday (February 12) from Hyderabad and taken to Vijayawada, where a local court remanded them in 14 days’ judicial custody.

What is the case that the CBI is investigating?

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The case is related to the posting of dozens of derogatory comments on social media against judges of the AP High Court after a series of judgments that were seen as setbacks to the ruling YSR Congress Party. In October 2020, the HC directed the CBI to investigate these comments, allegedly posted by supporters and leaders of the YSR Congress.

The orders or judgments in question included a stay on the government’s decision on decentralisation and creating three separate capitals for the state; reinstating then State Election Commissioner N Ramesh Kumar who had been removed for postponing municipal polls in March 2020 over Covid-19 protocols; and a stay on introducing English as the medium of instruction in all schools.

While directing the CBI to investigate, the HC had observed that it had been aware of these posts since April 2020. The court had directed the Registrar to lodge a complaint with the state CID to investigate the comments. However, when the CID failed to file a case, the HC handed over the investigation to the CBI.

What progress has the CBI made so far?

The CBI has identified over 25 persons who allegedly posted the comments against judges. Several persons who allegedly forwarded the derogatory messages have been questioned.

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It has filed 13 FIRs, and arrested nine individuals. The first arrests, of six YSRCP leaders and supporters, were made last November.

The FIRs name at least 20 persons, including an Indian-origin resident of the United States. The CBI has filed six chargesheets so far.

What has happened to the defamatory posts?

The CBI has submitted a list of URLs and posts on social media, including Twitter and YouTube, and the HC has ordered that they be taken down. While many posts have been taken down by social media platforms, Twitter recently was at the receiving end of the ire of the HC after CBI submitted that the objectionable posts, while not visible to users in India, could still be seen outside the country.

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On January 31, the HC asked the social media platform to either follow the law of the land or face action.

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