The Bombay High Court directed the Maharashtra government to ease travel restrictions imposed on a UK-based doctor, Dr. Sameer Arun Joshi, who was booked for allegedly offensive social media posts about Prime Minister Narendra Modi.
Dr. Joshi had approached the High Court seeking to quash the First Information Report (FIR) registered against him in Palghar, Maharashtra, and to be allowed to travel to India without fear of arrest. The FIR was filed based on complaints regarding his posts on X (formerly Twitter) and Facebook, deemed to be defamatory and potentially inciting unrest.
The court acknowledged the seriousness of the allegations but emphasized Dr. Joshi’s willingness to cooperate with the investigation. It noted he had been responding to notices from the police and had expressed readiness to appear before them.
Justice Revati Mohite-Dere observed that preventing Dr. Joshi from entering India would be disproportionate, especially considering his stated intention to assist with his mother’s medical treatment. The court highlighted his professional standing as a doctor in the UK and the potential hardship caused by continued travel restrictions.
The court directed the Maharashtra government to allow Dr. Joshi to enter India, subject to certain conditions. These include providing an assurance that he will cooperate fully with the investigation, appearing before the investigating officer as and when required, and refraining from posting any further content related to the case on social media.
The government was also instructed to ensure Dr. Joshi is not arrested upon arrival, unless specifically required for the progress of the investigation and with prior court permission.
While the court refrained from quashing the FIR at this stage, it directed the police to expedite the investigation and file a chargesheet within eight weeks. The matter will be further heard after the chargesheet is filed. The court’s decision balances the state’s right to investigate potential offenses with the individual’s right to travel and personal liberty.
