The Bombay high court on Wednesday set aside the police custody of a man arrested for allegedly sharing on social media a video containing threats to Maharashtra's deputy Chief Minister Devendra Fadnavis.
Justice R N Laddha remanded Yogesh Sawant, a farmer and worker of the Sharad Pawar-led Nationalist Congress Party faction, in judicial custody.
The lower court order remanding Sawant in police custody was not sustainable in law as he was not granted a hearing before he was transferred from judicial custody to police custody, the HC said.
As per the police, Sawant posted a video, where an unidentified person is seen threatening Fadnavis in an interview to a YouTube channel, on social media, and it went viral.
Sawant's petition claimed that he was arrested by Santacruz police here on February 29, and sent in judicial custody by a magistrate's court which posted his bail application for hearing on March 2.
Police then approached the sessions court, challenging the magistrate's order and seeking Sawant's custody.
The sessions court remanded Sawant in police custody till March 7.
He moved the high court against the 'hasty' order.
His advocate Prashant Aher argued that the sessions court did not grant an opportunity to Sawant to put forth his defence.
Public prosecutor Hiten Venegaonkar opposed the plea, saying that Sawant had not challenged his arrest.
The high court, however, held that 'this omission (not granting a hearing) goes against the fundamental principles of natural justice', and was 'sufficient to warrant interference in the impugned order'. --
PTI