The Bombay High Court on Thursday issued notice to the state government and other respondents seeking their reply to a plea by a UK doctor and YouTuber Sangram Patil seeking to quash an FIR against him for alleged objectionable social media posts against BJP leaders. A British national of Indian origin, Patil also alleged that the Look Out Circular (LOC) issued against him by the Mumbai police was illegal.
A single-judge bench of Justice Ashwin D Bhobe issued notice to the respondents and posted the next hearing to February 4.
Senior advocate Sudeep Pasbola, representing Patil, submitted that there was urgency in the matter. His client had come to India from the UK on his own and was unaware of the FIR registered against him, he added.
Advocate General Milind Sathe for the state government said that Patil “seems to be connected with the other post and he seems to be not cooperating” with the agency. Sathe stated that a reply to the plea, if any, will be filed within a week, which the court accepted.
Patil’s plea sought directions from the court to quash and set aside the FIR registered by Mumbai Police. It also sought a stay on further probe, protection from coercive action pending hearing of the matter. The plea also urged for quashing of the LOC issued against Patil, which prevented him from travelling to the UK, along with removal of the petitioner’s name from the authorities’ database. The plea further prayed for directions to the respondents not to file a chargesheet against Patil during the pendency of his petition.
Patil in his plea said the FIR “does not allege any incitement to violence, threat to public order, or disturbance of public tranquility”. The plea also said the FIR “does not specify the group of religious, racial, language or regional groups or caste or communities in which hatred or ill will is promoted by the post.” Advocate Ujjwalkumar Chavhan, who filed a plea for Patil stated that the police had “mechanically” registered FIR without any preliminary enquiry and non-application of mind, therefore “misusing the powers”.
The plea also said that “within a few days of registration of FIR, without further inquiry, LOC was issued.” The action was “absolutely arbitrary,” the plea said. “There was a malicious act of the police officers who initiated the proposal of issuance of LOC till the highest level in the hierarchy who had approved the issuance of LOC,” it added.
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The Mumbai Police detained Patil on January 10 on his arrival at the Mumbai international airport. He was later prevented from leaving the UK on January 19. On January 21, he recorded his statement before the police.
Patil was booked under Section 353 (2) of the Bharatiya Nyaya Sanhita (BNS), which provides a maximum three-year punishment for publishing, circulation of statement, false information, rumour leading to feeling of enmity and hatred between communities through electronic means.
The NM Joshi Marg police station in Mumbai registered an FIR based on a complaint by BJP media cell functionary Nikhil Bhamre, who claimed that he came across objectionable content posted on a Facebook page named ‘Shehar Vikas Aghadi’ on December 14 last year, with disinformation on the BJP and its leaders. Bhamre had claimed that the said post had also been published by Patil to create misinformation.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
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Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
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