"Unheard of:" Bombay High Court deprecated Maharashtra government for keeping a 21-year-old student Nikhil Bhamre in jail for a social media post that did not even name NCP Chief Sharad Pawar
On June 13, the Bombay High Court instructed the Chief Public Prosecutor (PP) of Maharashtra Aruna Pai to take instructions from the State Home Ministry and submit a no-objection statement over the release of 22-years-old pharmacy student Nikhil Bhamare from Nashik.
At least six First Investigation Reports (FIR) were filed against Bhamare for alleged derogatory social media posts on Nationalist Congress Party (NCP) chief Sharad Pawar.
Bhamare had posted a tweet in May, following which complaints were filed against him, and he was arrested and as a result, had to miss his exams.
Bhamare was booked under Sections Sections 153, 153A, (Promoting enmity between groups) 500, 501 (defamation), 504 (criminal intimidation), 505, 506 (statements leading to public mischief) of the Indian Penal Code (IPC).
On Monday, a two-judge bench comprising Justice SS Shinde and Justice MN Jadhav heard the petition filed by Subhash Jha, Bhamare’s advocate, seeking the quashing of FIRs. Bhamare sought release from the custody as an interim measure. During the hearing, Justice Shinde observed that no name was mentioned in the FIR, but Bhamare has been in prison for over a month. He said, “Nobody is named on page 48 (which included the primary tweet by Bhamre) and to keep someone in prison for a month. How is this the basis of everything? What gave rise to the FIR as per page 48?”
In his argument, Advocate Jha pointed out that the first FIR against Bhamare was registered in Thane at Naupada Police Station. Justice Shinde remarked, “Some student is kept in custody like this. Even the towering personality will not like that such a student is kept in jail.” Notably, Justice Shinde had refused to grant bail to Republic’s editor-in-chief Arnab Goswami when he was arrested by the Mumbai police over a reopened case.
When Pai tried to explain to the court that the investigation had led to Bhamare, Justice Shinde was not pleased with the argument. He said, “[It] does not matter. What will happen if you take action like this, you are unnecessarily undermining the image of the person (Sharad Pawar) who has received the second-highest civilian award.” The Government of India awarded Pawar with Padma Vibhushan in 2017.
Pai further tried to argue that Bhamare had antecedents, but Justice Shinde refused to hear it. He said, “You take instructions. Talk to the home secretary and make a statement that you are not opposing his release from custody. People at the highest position are perhaps not aware of what is going on. Where are there allegations? There are hundreds and thousands of tweets every day. Will you take cognizance of each tweet?”
Apart from Bhamare, Marathi actor Ketaki Chitale was also booked and arrested for allegedly posting derogatory remarks against Pawar. She has spent over a month in jail.
|
Bombay High Court irked at arrest of student over tweet against Sharad Pawar
A bench of Justices SS Shinde and Milind Jadhav wondered how the tweet could have been the basis for a slew of first information reports (FIRs) against Bhamre.
“There are hundreds and thousands of tweets every day. Will you take cognizance of each and every tweet? We do not want FIRs like these. …Unheard of… some student is kept in custody like this,” the Bench said.
The Court expressed its displeasure at the authorities after reading the tweets which led to the FIRs.
“Nobody is named on page 48 (which included the primary tweet by Bhamre) and to keep someone in prison for a month. How is this the basis of everything? What gave rise to the FIR as per page 48?” Justice Shinde said.
The Court was hearing a writ petition filed by Bhamre seeking quashing of the FIRs registered against him after he posted tweets from his account allegedly aimed at the veteran politician leader.
Justice Shinde said that booking the accused in the present case was possibly more damaging to the reputation of Pawar against whom the tweets were made.
“If you start taking actions like this, then you end up damaging the name of the person who has received the second-highest civilian award (Pawar). Even the towering personality (Pawar) will not like that such student being kept in jail. We do not want the towering personalities reputation should go down,” the judge opined.
Before concluding the hearing, Justice Shinde directed the public prosecutor to take instructions from the State Home Department and make a statement of no objection to releasing Bhamre from custody.
“In our humble opinion grace of the state will be saved if you come and make this statement,” the Bench said in conclusion.
The plea will be heard again on June 16.
References:
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- Deputy CM Manish Sisodia’s close aid Nisha Singh held guilty and sentenced to 7 years in prison for inciting violence: A bevy of eminent intellectuals called it a political vendetta to whitewash her criminal behaviour
- “Man cannot be freed by the same injustice that enslaved it”: Supreme Court stays Uttarakhand High Court order on Haldwani eviction, and disapproved the manner in which eviction was sought to be carried out by the Indian Railways, urges rehabilitation
- "It is not wisdom but Authority that makes a law": SC orders new rules for appointment of Chief Election Commissioner and Election Commissioners similar to appointment of CBI Director by a committee that includes the PM, Leader of Opposition and CJI
- "If we desire respect for the law, we must first make the law respectable": Supreme Court & High Court Litigant Association filed complaint against Justice Chandrachud accusing him of passing order benefiting his son’s client, Bar Council dismisses claims
- Hours after Shivling discovered inside disputed Gyanvapi, AIMIM chief Asaduddin Owaisi provokes Muslims against court-ordered proceedings amidst chants of ‘Naara-e-Takbeer’ and ‘Allahu Akbar
- "Insaaf ke parde main ye kya julm hai yaron, dete ho saza aur khata aur hi kuch hai": SC grants Fact-checker Mohammed Zubair interim bail in all Cases, orders his immediate release, says we cannot restrain a journalist from writing, he can tweet
- "Can omnibus orders be passed against demolitions": Supreme Court asks in Jamiat pleas challenging "Bulldozer" actions against anti-social elements in Uttar Pradesh and other states, refuses to pass interim orders, next hearing on Aug 10
- "There is difference between blasphemy and expressing religious opinions based on one’s knowledge of the subject": Historic decision by Madras High Court from 2019
- "Every sinner has a future": In the labyrinth of justice, where Chandrakant Jha, with 18 murders, finds another chance at parole, it begs the question: Is redemption possible for everyone, or are some paths too dark to ever find the light again
- "We are all born gifted. That is our true inheritance": Supreme Court observes that female tribal is entitled to parity with male tribal in intestate succession, says "Not to grant benefit of 'Survivorship to daughter in father's property' is bad Law"