Social Media posts by Chief Minister cannot be equated with administrative order: Madhya Pradesh High Court

The Madhya Pradesh High Court held that the Chief Minister’s social media posts cannot be equated with an administrative order or instruction and every social media post of a government functionary is not necessarily seen, read and followed in the administrative hierarchy. (Sonu Bairwa Vs. State of M.P.).Hence, a detention order passed by District Magistrate cannot be considered as having passed “under dictate” of the CM unless a clear nexus can be established between the detention order and social media post, the Court ruled..The observations were made by a Bench of Justices Sujoy Paul and Anil Verma while hearing a plea by one Sonu Bairwa who was detained on orders from the District Magistrate under the National Security Act, 1980 (NSA) for indulging in black marketing of Remedesivir injections. .Counsel for the Petitioner, advocate Mudit Maheshwari drew the Court’s attention to multiple social media posts of the Chief Minister expressing that persons indulging in black marketing of Remedesivir injections shall be detained under the NSA..In view of these posts, it was argued that the District Magistrate was acting "under dictate" while passing the order for detention..However, the Court found the contention lacked substance and remarked that social media posts cannot be equated with an administrative order. The Bench also contemplated a situation where the argument made on behalf of the petitioner may hold merit stating, “had it been an executive instruction/order issued by higher functionary to act in a particular manner and in obedience thereof District Magistrate would have passed a detention order, perhaps the matter would have been different.”.Therefore, the Court concluded that the District Magistrate has used his discretion in accordance with law and no interference of the High Court was warranted..Interestingly, the Delhi High Court had recently ruled that a promise, assurance or representation given by Chief Minister (CM) of a State amounts to an enforceable promise and the same has to be implemented by the government.An assurance/promise given by the Chief Minister is enforceable, both on the basis of the doctrines of promissory estoppel and legitimate expectations, single-judge Justice Prathiba Singh had held. .[BREAKING] Promise by Chief Minister in press conference enforceable: Delhi High Court orders Kejriwal govt to pay rents for poor tenants.[Read Order]