Bombay High Court Takes Up UK Doctor's Detention Case Over Alleged Anti-BJP Social Media Posts
The Bombay High Court has stepped into the controversial detention of a United Kingdom-based doctor and YouTuber, issuing formal notice to the Maharashtra state government and other respondents. The case centers around Dr. Sangram Patil, a British national of Indian origin, who was detained at Mumbai International Airport and subsequently prevented from returning to the UK.
Legal Proceedings and Court's Intervention
On Thursday, a single-judge bench presided over by Justice Ashwin D. Bhobe issued the notice, demanding responses from the state authorities. The court has scheduled the next hearing for February 4, indicating the judicial system's engagement with this sensitive matter. Senior advocate Sudeep Pasbola, representing Dr. Patil, emphasized the urgency of the situation during proceedings. He argued that his client had voluntarily traveled to India from the UK without any knowledge of the First Information Report (FIR) registered against him.
Advocate General Milind Sathe, appearing for the Maharashtra government, presented the state's perspective. He suggested that Dr. Patil appeared to be connected to the contentious social media posts and was allegedly not cooperating with investigative agencies. Sathe committed to filing a formal reply to the plea within one week, a timeline accepted by the court.
Chronology of Events and Allegations
The sequence of events began on January 10 when Mumbai police detained Dr. Sangram Patil upon his arrival at Mumbai International Airport. His travel plans were further disrupted on January 19 when authorities prevented him from boarding a flight back to the United Kingdom. The following day, on January 21, Dr. Patil recorded his official statement with the police.
The legal basis for his detention stems from an FIR registered at the NM Joshi Marg police station in Mumbai. The complaint was filed by BJP media cell functionary Nikhil Bhamre, who alleged encountering objectionable content on a Facebook page named 'Shehar Vikas Aghadi' on December 14 of the previous year. Bhamre claimed the posts contained disinformation targeting the Bharatiya Janata Party and its leadership, and asserted that Dr. Patil had published similar content to spread misinformation.
Dr. Patil faces charges under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), a provision that carries a maximum punishment of three years imprisonment. This section specifically addresses the publication and circulation of statements, false information, or rumors through electronic means that could potentially foster feelings of enmity and hatred between different communities.
Legal Challenges and Broader Implications
In his petition to the Bombay High Court, Dr. Sangram Patil has sought the quashing of the FIR filed against him. Additionally, he has challenged the legality of the Look Out Circular (LOC) issued by Mumbai police, which led to his detention at the airport. The case raises significant questions about freedom of expression, the legal boundaries of social media content, and the procedures surrounding the detention of foreign nationals in India.
The court's decision to issue notice indicates judicial scrutiny of both the detention process and the allegations against Dr. Patil. As the case progresses, it will likely examine the evidentiary basis for the charges, the proportionality of the police response, and the constitutional protections available to individuals facing such allegations. The outcome could have implications for how similar cases involving social media content and foreign nationals are handled in the future.
