Bombay High Court Sets Aside Police Custody Of NCP Worker Booked For Uploading Video Containing Death Threats To Dy CM Devendra Fadnavis

The Bombay High Court on Wednesday set aside the sessions court order granting police custody of NCP (Sharadchandra Pawar) worker Yogesh Rajendra Sawant arrested for allegedly posting a video containing death threats to Deputy CM Devendra Fadnavis.

Justice RN Laddha allowed Sawant's writ petition against the order of the Additional Sessions Judge as Sawant was already in judicial custody and no notice or hearing was given to him before setting aside the judicial custody.

“When the impugned order was passed, the petitioner was in judicial custody. Despite the possibility of promptly issuing and serving notice to the petitioner, no such notice was issued, and he was not granted an opportunity for a hearing. This omission goes against the fundamental principles of natural justice”, the court observed.

Sawant was arrested on February 29, 2024, following an FIR dated February 27, 2024, accusing him of uploading a video on Facebook with derogatory remarks and threats against Fadnavis. In the video, someone was giving an interview and allegedly making severe accusations and death threats against Fadnavis.

Consequently, an offence under Sections 500, 153A, 505(1), 506(2), 120B, 34 of IPC was registered at Santacruz Police Station, Mumbai.

The Metropolitan Magistrate at Bandra, on the same day as the arrest, remanded Sawant to judicial custody, deeming police custody unnecessary as the video had already been circulated.

The state challenged the Magistrate's order in a revision application before the sessions court. The sessions court on March 2, 2024, passed the impugned order granting police custody for five days. Sawant approached the high court against it claiming that it was passed without notice or an opportunity to be heard given to him.

Advocate Prashant for Sawant contended that the impugned order deviated from established legal procedure. Further, it was contended that Sawant merely uploaded the existing video on social media, but the alleged threat originated from the person interviewed in the original video. He contended that the FIR is politically motivated.

Public Prosecutor HS Venegavkar for the State argued that the magistrate's remand order remains in effect, and Sawant is not unlawfully detained. He submitted that Sawant surrendered a mobile phone which was not utilised in the crime, while the mobile phone actually used in the crime has not been recovered. He further pointed out a prior offence against Sawant for allegedly creating and disseminating an objectionable audio clip.

The court said that the impugned order of the sessions court, which granted police custody, nullified the Magistrate's judicial custody order.

The court held that the absence of notice and hearing for Sawant contravened the principles of natural justice. The court held that the impugned order was unsustainable in law on this ground alone, and there was no need to discuss the arguments of the parties in detail.

Case no. – Cri. Writ Petition (St) No. 5159 of 2024

Case Title – Yogesh Rajendra Sawant v. State of Maharashtra