FB post against PM: Cops oppose UK doctor's plea in HC to quash FIR
MUMBAI: There is a larger organised effort to malign constitutional authority and disturb public order, Mumbai police has told the Bombay High Court while opposing the petition by UK-based doctor and YouTuber Sangram Patil, who was booked for Facebook post against some BJP leaders.
"It is a matter of serious concern, warranting investigation as to why a foreign citizen, despite being a qualified medical professional, visiting India on a tourist e-visa, has engaged in posting defamatory, scandalous, obscene and inflammatory material without any substance and basis against the Prime Minister of India while residing outside the country," states the reply by DCP (Detection), Crime Branch.
Within a few days after the Dec 18 FIR was filed, a lookout circular was issued. Upon arrival on Jan 10, Patil and his wife were intercepted at Mumbai airport. He was questioned on a complaint by Nikhil Bhamre, BJP's social media coordinator. On Jan 19, Patil was stopped from leaving India. Patil moved HC to quash the FIR and LOC.
The reply said during the same timeframe, Patil posted against the PM , another Facebook account Shahar Vikas Aghadi posted content linking PM "with a woman accompanied by obscene remarks." Patil is a resident of Erandol, Jalgaon district, the Aghadi's account holder's location is mentioned as Chalisgaon.
Investigation revealed both accounts aimed at "maligning and scandalising image" of the PM and "are working in tandem" for a common purpose. Patil contended his post did not mention the name of BJP leader, but investigation revealed his many other posts "are also against" the PM.
Patil was issued notices to join the investigation. However, he failed to provide "satisfactory or truthful answers" to the questionnaire issued to him. He deliberately avoided submitting his mobile phone and other digital devices for forensic examination, "thereby obstructing investigation." Patil refused to "demonstrate access" to his FB account, claiming a one-time password for login is received on a laptop in the UK. "Such conduct is evasive in nature and raises a reasonable suspicion of deliberate concealment and possible subsequent tampering and destruction of digital evidence."
It is further necessary to probe "whether the accused, while being a foreign national, had any local assistance, collaboration or handlers in India who facilitated or amplified the dissemination of such content on social media, particularly content that directly attacks the character and dignity" of the PM.
Also, "to ascertain the purpose of the petitioner's visit and to determine whether his activities, specifically his FB posts, are in violation of tourist visa. If Patil leaves India, "then it will be nearly impossible to secure his presence... for completing the investigation as he is a British national." The police urged dismissal of Patil's petition as "misconceived and premature."
Within a few days after the Dec 18 FIR was filed, a lookout circular was issued. Upon arrival on Jan 10, Patil and his wife were intercepted at Mumbai airport. He was questioned on a complaint by Nikhil Bhamre, BJP's social media coordinator. On Jan 19, Patil was stopped from leaving India. Patil moved HC to quash the FIR and LOC.
The reply said during the same timeframe, Patil posted against the PM , another Facebook account Shahar Vikas Aghadi posted content linking PM "with a woman accompanied by obscene remarks." Patil is a resident of Erandol, Jalgaon district, the Aghadi's account holder's location is mentioned as Chalisgaon.
Investigation revealed both accounts aimed at "maligning and scandalising image" of the PM and "are working in tandem" for a common purpose. Patil contended his post did not mention the name of BJP leader, but investigation revealed his many other posts "are also against" the PM.
Patil was issued notices to join the investigation. However, he failed to provide "satisfactory or truthful answers" to the questionnaire issued to him. He deliberately avoided submitting his mobile phone and other digital devices for forensic examination, "thereby obstructing investigation." Patil refused to "demonstrate access" to his FB account, claiming a one-time password for login is received on a laptop in the UK. "Such conduct is evasive in nature and raises a reasonable suspicion of deliberate concealment and possible subsequent tampering and destruction of digital evidence."
It is further necessary to probe "whether the accused, while being a foreign national, had any local assistance, collaboration or handlers in India who facilitated or amplified the dissemination of such content on social media, particularly content that directly attacks the character and dignity" of the PM.
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