The Bombay High Court has set aside the police custody of an individual arrested for allegedly disseminating a video on social media containing threats towards Maharashtra’s deputy Chief Minister Devendra Fadnavis.
Justice R N Laddha remanded Yogesh Sawant, a farmer and member of the Sharad Pawar-led NCP faction, in judicial custody.
The High Court found the lower court’s decision to remand Sawant in police custody legally unsustainable, as he was not afforded a hearing before being transferred from judicial to police custody. According to police reports, Sawant shared a video on social media featuring an unidentified individual issuing threats to Fadnavis in an interview on a YouTube channel, which subsequently went viral.
Sawant’s petition argued that he was apprehended by the Santacruz police on February 29 and was placed in judicial custody by a magistrate’s court, which scheduled his bail application for a hearing on March 2. Subsequently, the police approached the sessions court, challenging the magistrate’s ruling and requesting custody of Sawant.
The sessions court granted police custody of Sawant until March 7. Sawant challenged this decision in the high court, citing the “hasty” nature of the order. His advocate, Prashant Aher, contended that the sessions court did not provide Sawant with an opportunity to present his defense.
In opposition, Public Prosecutor Hiten Venegaonkar argued that Sawant had not contested his arrest. Nonetheless, the high court determined that the failure to grant a hearing was contrary to the fundamental principles of natural justice, which was sufficient grounds to intervene in the impugned order.
