Mumbai: In present-day India, posting a critical message against the government on social media can lead to a defamation case, the issuance of a Lookout Circular (LOC), and even detention at the airport. 

Sangram Patil, a London-based doctor and popular YouTuber known for his sharp criticism of the Bharatiya Janata Party (BJP)-led government, recently had a harrowing experience during his visit to India.

Patil, a British citizen and consultant with the National Health Service (NHS), arrived in Mumbai along with his wife, also a doctor, on January 10. Upon reaching the immigration checkpoint, he was stopped by officials and taken to the Crime Branch for questioning. He was released after over 15 hours of detention. 

The police clarified that he had not been arrested but was served a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Under this section, police can question an individual facing minor offences but cannot arrest them. He was released the same day after recording his statement.

Section 35(2) in Bharatiya Nagarik Suraksha Sanhita, 2023

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Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities shall be punished with imprisonment which may extend to three years, or with fine, or with both. (Emphasis added).

Section 35(3) in Bharatiya Nagarik Suraksha Sanhita, 2023

The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

His detention and questioning stemmed from a complaint filed by BJP functionary Nikhil Bhamre. In the complaint, Bhamre, who handles the BJP's social media accounts, claimed that Patil had posted “objectionable content” on Facebook that tarnished the image of a senior party leader. 

Patil, who is highly active on social media, has shared several posts critical of Modi. In one post, without providing background, he wrote in Hindi (translated as): "Is it right to expose the youthful mischief of a 75-year-old man? Congress should feel ashamed—they have exposed Modi. Bhamre also complained against another account ‘Shahar Vikas Aghadi’.

The complaint mentions section 353(2) of the Bharatiya Nyaya Sanhita (BNS) for statements conducing to public mischief/false info inciting enmity, which attracts maximum three years punishment and is a bailable offence.

Mumbai Police’s Crime Branch Unit III took up Bhamre’s complaint. After the initial interrogation, Patil was called for further questioning on January 16. “I submitted my response in writing,” Patil told The Wire via WhatsApp chat. He added that he had informed the police about his scheduled return journey on the morning of January 19. “They reassured me that the LOC issued against me would be withdrawn,” he said.

However, on January 19, as Patil was about to board his 8 am flight, he was stopped again. That was when he learned that the LOC had not been reversed. The police, however, have claimed that the LOC has been downgraded but Patil is needed in India for “further inquiry”. 

Patil has now been directed to attend another round of questioning on January 22 over what he describes as a “single-line Facebook post.” “This excessive police action – including the LOC and FIR – for a single-sentence Facebook post has caused great harassment not only to me but also to my family,” he told The Wire.

By evening, as news of his restrictions spread, the British High Commission was involved. The British High Commissioner and MP Claire Hughes are both “keeping an eye” on his case, Patil told The Wire. He also shared an email response from Hughes’s office confirming that they are in touch with the British Foreign, Commonwealth and Development Office (FCDO) and exploring ways to intervene.

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