Thread : Some Reasons on why Anticipatory Bail, even without copy of FIR, ought to be granted to those who fear arrest for some social media post, posted or shared by them.

1) It is possible for courts to grant anticipatory bail to any law abiding person under Sec.438 of CrPC
2) The meaning of Anticipatory bail is simply this, the police should not arrest, but should get some personal bond from accused that he/she will co-operate with investigation.
3/ The grant of an anticipatory bail order, instantly frees the accused from fear arrest and torture by police of different States. It frees him/her from fears of custodial deaths or ill treatment in police station.

#lawyers #lawstudents
4/ In cases of FIRs which are based on some social media posts, anticipatory bail could be granted routinely. Because the post is recorded on digital platforms. Even if deleted, it can be traced. The accused cannot even deny it because of digital finger prints.
5/ It is difficult to understand need of any custodial interrogation or detention by police in cases relating to social media posts.
6/ On being arrested, a person may have to surrender his/her mobile phone or laptop. As per law, this requires a warrant from a Magistrate. But in most cases, police says that accused voluntarily surrendered phone and laptop. Some strict procedures are needed to be laid down.
7/ Mobile phone and laptop of a person may contain sensitive information of a person.

It amounts to violation of right to privacy if police takes custody of phone or laptop without following mandatory procedures.
8/ FIR may contain several other sections in which police can arrest inspite of anticipatory bail order regarding social media post. Or police may arrest in some other new FIR on some other social media post. .

The order granting Anticipatory Bail needs to be comprehensive.
9/ Even in cases of BLANKET ANTICIPATORY BAIL order in FIRs of Social Media posts, it is always open to police apply to request court Permission to Arrest and for Police Remand. Therefore, the courts can be more liberal in granting Anticipatory Bail Blanket orders
10/ When accused who posted offensive post is living in one State, and when FIR against him is filed in different State, the accused should be granted permission to appear via video conferencing.
As was done by SC in Vinod Dua Case.
11/ I remember an old case that I had heard long back. At that time a late Supreme Court Judge asked govt counsel, "Tell us why we should not grant anticipatory bail in EVERY CASE? What is the object of grant of anticipatory order? Why this provision has been enacted?"
#lawyers
12/ The govt counsel was not ready to answer this unexpected question from #SupremeCourt.

The judge asked him to come prepared next week. The case was adjourned. Thereafter I never knew further about that case.
13/ Filing of FIR is not a precondition for grant of anticipatory bail. ( Savitri V. Maharastra 2009). If a person has "Reasons to believe that he may be arrested for a police, he can move application for anticipatory bail.
14/ I have written this thread in view of the recent trend that on a person who writes a provocative, Facebook or Twitter, cases are filed against him in another State.
Such cases can be quashed by High Court, but till then such person should be protected with anticipatory bail

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More from @Hareshraichura

May 29
Thread on How NOT to take legal advice.

1/ If you believe that nowadays it is very easy to get legal advice. Then, this thread is for you. This thread may help you to think totally differently on lot of things relating to court cases.

#law #lawyers
2/ There are thousands of free resources on internet when a person can ask legal advice. There blogs, articles, paid articles which comes up on search and there are judgements and judgements. Search and you may start receiving calls guiding you free on your legal issue
3/ Some can search lawyers on LinkedIn and can send a hundred inmails seeking advice. Someone may guide him free. "Crowdfunding of Legal Knowledge". Are these methods useful? Or are they just "Baits and Traps"? Have you ever thought in this way?
Read 15 tweets
May 28
1/ भारत में कानूनी पेशे की वास्तविकता के साथ बैठक।

जून 1982 का दिन था। कोर्ट में मेरा पहला दिन था। मैं कोर्ट की कार्यवाही देखने के लिए चीफ ज्यूडिशियल मजिस्ट्रेट कोर्ट गया था।

स्वतंत्रता दिवस के बाद से गुजरात में निषेध कानून है।

नशे में पाए गए गरीबों को गिरफ्तार
2/ कर लिया गया है और उन पर अदालत में मुकदमा चलाया जा रहा है।

पूरे कोर्ट रूम में भीड़ थी और हवा में शराब की तेज गंध आ रही थी।

बचाव पक्ष के वकील भी पूरी तरह से नशे में थे।

जब भी वह जज को सबमिशन दे रहा था, उसके मुंह से शराब की गंध निकल रही थी।

न्यायाधीश पूरी तरह से मामले
3/ पर ध्यान केंद्रित कर रहा था। उन्होंने इस बात को नज़रअंदाज़ करना चुना कि बचाव पक्ष के वकील भी पूरी तरह से नशे में थे और उन्हें जेल भेजा जा सकता था.. न्यायाधीश ने बस गंध को नजरअंदाज कर दिया।

कोर्ट में यह मेरा पहला दिन था। मैंने सीखा है कि इस कानूनी पेशे में, हमारा पहला
Read 6 tweets
May 28
1/ Meeting with REALITY of Legal Profession in India.

It was June 1982. My first day in court. I went in Chief Judicial Magistrate Court to see court proceedings.

There is Prohibition Law in Gujarat since Independance Day.

The poor, who were found drunk are arrested and
2/ are being tried in court of law.

The whole courtroom was crowded and there was a strong smell of alcohol in the air.

The defense counsel was also fully drunk.

Alcohol Smell was coming out from his mouth every time he was making submissions to Judge.
3/ The Judge was fully focused on the case on hand. He chose to ignore that defense counsel was also fully drunk and he was liable to be sent to jail.. The Judge simply ignored the smell.

This was my first day in court. I learned that in this legal profession,
Read 6 tweets
May 28
INCREDIBLE IN INDIA Law Makers do not need to have a degree of law. Only for lawyers and judges, it is compulsory to pass a law college. No doubt, we have messed up everything. #Lawyers #lawtwitter
2/ New Laws are required NOT REQUIRED to be cleared by any Judicial Committee to examine how many more judges and staff will be needed to deal with cases under new proposed law.
3/ Finance Minister is NOT REQUIRED to provide budget for salaries of judges who may be required to deal with new litigation arising from new law. #lawyers
Read 10 tweets
May 28
Thread for For Law Students and Young Lawyers: I am in legal profession since 40 years. I have learned three things.

1) Columbus set out on a long voyage to discover India. But in realty he landed on shores of America. Life is like that. We may have ambition to
2/ reach at one destination. But we may end up reaching at a different destination.

2) Life is like a long web series which has many seasons and many episodes. In each episode reach at one destination. But we may end up reaching at a different destination.
3/ 2) Life is like a long web series which has many seasons and many episodes. In each episode we solve one problem and then a cliff hanger for next episode appears. Thus we keep moving from one episode to next. We are the main character in this series.
Read 4 tweets
May 15
Thread for Doctors (a thread to be updated time to time)

I will write here about,
What doctors can do to protect themselves, against complaints under SC/ST Act, complaints in police for medical negligence, complaints for medical negligence in

#Doctors #MedTwitter #India
2/ police station, complaints filed in criminal courts, summons by court to private doctors to appear as a witness with medical record of a patient, cases in civil court for damages, steps a doctor can take if he perceives threats from a patient, etc.

#doctors #MedTwitter
3/ First basic principles : An error in diagnosis (or Judgement) is not by itself a negligence. If a patient dies during an operation or immediately after surgery, is by itself not a medical negligence.
Read 37 tweets

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