Social Media Posts Against Judges- Andhra Pradesh HC Grants Bail To Woman On Humanitarian Grounds
The Andhra Pradesh High Court has granted bail to a woman on humanitarian grounds who had made allegations against the sitting Judges of the High Court.
The Bench of Justice Ravi Cheemalapati held that it was inclined to grant bail to the woman as she had a miscarriage and also considering her mental agony and health condition.
The complaint was lodged by the Registrar General of the Andhra Pradesh High Court, on the allegation that the key personnel, who are occupying prominent posts in the State of Andhra Pradesh, intentionally targeting the Judges gave interviews, gave speeches attributing motives of caste and corrupt allegations on some of the Supreme Court Judges and High Court in delivering orders and judgments.
It was alleged that they had posted abusive, life threatening and intimidating posts against the Judges in social media i.e. Facebook and Twitter over recent judgments and orders delivered by the Judges of the High Court of Andhra Pradesh.
Advocate M. Vidyasagar appeared for the Petitioner-woman and Deputy Solicitor General N.Harinath appeared for the Respondent-State.
The counsel for the Petitioner contended that the Petitioner was arrested and remanded to judicial custody on the vague ground that the Petitioner did not cooperate with the investigation.
It was contended that prima facie case was not made out against the petitioner warranting arrest, as the petitioner had fully cooperated with the investigation.
The counsel further contended that the petitioner is languishing in jail since September 2022 and he filed a memo duly enclosing the medical reports of the petitioner, where it discloses that the petitioner has a gynic problem and her pregnancy got miscarriage and her mental health was also affected.
On the other hand, the Special Public Prosecutor for C.B.I. opposed the Criminal Petitions on the ground that the petitioner has deliberately made wild and reckless comments and allegations both against the High Court and also the sitting Judges of the High Court.
Therefore, he submitted that she is not entitled to bail, however, he added that the Court may consider bail on humanitarian grounds and also on the medical condition of the petitioner.
The Court observed thus "On perusal of the material on record it is evident that though the petitioner has participated and made posting against the institution. However, considering the submissions of the both the counsel and further the medical record reveals that the petitioner's pregnancy got miscarriage and also by taking the petitioner's mental agony and also on humanitarian grounds and health condition of the petitioner, this Court is inclined to grant bail to the petitioner…"
Therefore, the Court granted bail to the Petitioner while imposing certain conditions.
The Court also made it clear that the instant order does not limit or restrict the rights of the Police or the investigating agency from further investigation as per law.
Accordingly, the petition was allowed.
Cause Title- Criminal Petition No.7710 of 2022
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