Assam: Gauhati High Court grants interim bail to Congress spokesperson Reetam Singh

Guwahati: The Gauhati High Court on Friday granted interim bail to Congress spokesperson Reetam Singh, who was arrested for a social media post questioning the legal status of a case against BJP MLA Manab Deka.

North Lakhimpur police registered a case (Case No. 91/2025), involving charges under the Bharatiya Nyaya Sanhita, the Information Technology Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Justice Mitali Thakuria, presiding over the case, raised serious concerns regarding the police procedures and the nature of the allegations against Singh.

Singh was arrested on March 15 following a complaint alleging that he posted defamatory and derogatory remarks on the social media platform "X" (formerly Twitter) against the complainant's late father and her husband, an MLA.

The complainant alleged that Singh's posts, particularly his comments referring to her husband as a "rapist" and an "obedient Ghar Jamai," were baseless, malicious, and caste and gender-based insults.

The court, however, observed discrepancies in the police's handling of the case. Notably, the First Information Report (FIR) initially shown to Singh's mother was undated, with the date subsequently added. The court also questioned the discrepancy between the FIR's lodging and receiving dates.

Furthermore, Justice Thakuria noted that the alleged tweet, while containing potentially defamatory remarks against the complainant's husband, did not appear to contain caste-based or gender-based derogatory statements against the complainant or her late father.

The court pointed out that the tweet actually referred to the complainant's father as a "respected person."

The court also raised concerns about the compliance with Sections 47 and 48 of the Bharatiya Nyaya Sanhita (BNSS), which pertain to the procedures following an arrest.

The Notice under Section 47 BNSS, informing Singh of the grounds of his arrest, lacked essential details such as the date, time, and place of arrest.

Additionally, the notice was issued by the Officer-In-Charge of Gossaigaon Police Station, not the North Lakhimpur Police Station, raising questions about its legitimacy.

The court also took note of the fact that even after lower courts denied police remand, and allowed interrogation in jail, the investigating officer never attempted to interrogate Singh.

The court also addressed the issue of Singh's refusal to provide login credentials for his mobile phone and "X" account, stating that he cannot be coerced to do so, based on his right against self-incrimination.

“Going by the above discussions, it is seen that the petitioner has made out a strong ground for grant of bail but for abundant caution it is felt just and proper to go through the Case Diary. However, the ends of justice do not justify curtailing the liberty of the petitioner in the instant given fact of the case,” Justice Thakuria stated in the order.

Singh was granted interim bail on a bond of Rs. 50,000 with a surety of the same amount, subject to conditions that he cooperate with the investigation and refrain from influencing witnesses.