Misuse of Remand Powers Against Social Media Users - A Blatant Attack on Fundamental Rights
07/07/2025
In recent times, a disturbing trend has emerged in India-one that directly threatens the democratic fabric of our nation. The misuse of remand powers against social media users has become a tool of suppression, stifling the very foundation of our constitutional democracy-the right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution.
Across the country, frivolous and politically motivated cases are being registered against citizens merely for expressing opinions on digital platforms. Be it criticism of the government, raising social issues, or even satire-many have found themselves arrested on flimsy grounds. This is not just misuse of legal provisions; it is a direct assault on dissent and democracy.
More concerning is the routine grant of police remand by magistrates, often without adhering to the binding guidelines laid down by the Hon'ble Supreme Court of India. The landmark judgments of the Apex Court, including DK Basu v. State of West Bengal and others, clearly set forth protocols to be followed during arrest and remand. Despite these judicial safeguards, magistrates frequently issue remand orders mechanically, especially in cases involving social media users, without assessing whether custodial interrogation is truly required.
This casual and indifferent approach not only shrinks the democratic space but also sends a chilling message to citizens: speak up, and you may be silenced. It breeds fear and sets a dangerous precedent where law is weaponized to serve power, not justice.
It is imperative that High Courts across the nation step in and issue necessary circulars directing all magistrates to strictly follow Supreme Court guidelines before granting remand in such sensitive cases. The High Court of Andhra Pradesh has taken commendable initiative in this direction, and it is high time that the Jammu & Kashmir and Ladakh High Court follow suit, ensuring judicial accountability and protection of civil liberties.
A government that cannot tolerate criticism has no place in a democracy. The overreach of executive power, aided by judicial complacency, is a serious threat to the spirit of our Constitution. This trend of being "more loyal than the king" must be checked firmly. Democracy dies not only when institutions fail, but when silence is enforced upon the people.
Let the judiciary rise to the occasion-to protect voices, not punish them.
Share This Story |
|
Comment On This Story |
|
|
|
|