UK doctor stuck in India after police case over Facebook post
Sangram Patil/YouTubeA British doctor has been unable to leave India for more than a month after police opened a case against him over a social media post about a top politician of the governing Bharatiya Janata Party (BJP).
Sangram Patil, a UK citizen of Indian origin who works with the NHS, was stopped from taking a flight back to London from Mumbai on 19 January after a lookout circular was issued against him - a notice that prevents a person under investigation from leaving the country.
He is being investigated for allegedly posting "objectionable content" about a BJP leader.
Patil, who has a substantial following on Facebook and YouTube, has called the action against him "unlawful".
It's not clear when the doctor will be allowed to go back to the UK. He has approached a court, seeking the police case registered against him be dropped and travel restrictions imposed on him be removed. The matter is due to be next heard on 27 February.
"My children and my job are in the UK. International law and Indian law give me the right to move freely. Restrictions have been imposed on that. I am not able to go home," he told BBC Marathi last week.
The BBC has reached out to the Mumbai police, which is investigating the case, for a comment.
A spokesperson from the UK's Foreign, Commonwealth and Development Office did not offer specifics but said last week that they "are supporting a British man in India and are in contact with the local authorities".
Police say they are investigating Patil over a complaint filed by Nikhil Bhamre, who handles BJP's social media in the western state of Maharashtra of which Mumbai is the capital.
Bhamre's complaint, registered on 18 December, accuses Patil of publishing "objectionable content" against a top BJP leader on Facebook. The complaint did not name the BJP leader who was targeted, but it came four days after Patil had posted a comment about Prime Minister Narendra Modi on Facebook.
The police complaint that BBC has seen a copy of contains a link to this post.
According to the police complaint, Bhamre alleged that "the post could create hostility between various groups that support and oppose the BJP's ideology".
Police registered a case against Patil under India's criminal code "for making statements containing false information that could lead to a feeling of enmity and hatred between communities". The offence is bailable and carries a maximum sentence of up to three years.
Patil has rejected the allegations, saying it was "unlawful to register such a complaint against me for that social media post".
"My post is a simple question to government supporters and nothing else. It doesn't involve any community, any rumour or sensational news," Patil told BBC Marathi.
He said he was first questioned for more than 10 hours when he arrived in Mumbai on 10 January with his wife, and again for eight hours on 16 January. He said he had provided "written answers to all" the police questions and asked for the lookout circular to be withdrawn so he could return to the UK on 19 January.
He said officers told him the process to cancel the notice had been initiated, but he was stopped at the airport on the day of his flight.
Being questioned for more than 20 hours over what he described as a single line on social media felt like "targeted harassment", he added.
In an affidavit filed on 30 January, police defended the action against Patil saying the investigation was at a crucial stage and "the possibility of an organised effort to malign constitutional authority cannot be ruled out".
"It is a matter of serious concern, warranting investigation as to why a foreign citizen, despite being a qualified medical professional, visiting India on a Tourist e-Visa, has engaged in posting defamatory, scandalous, obscene and inflammatory material without any substance and basis against the prime minister of India while residing outside the country," the police told the court.
They have also urged the court to dismiss Patil's "misconceived and premature" plea challenging the investigation against him.
In a rejoinder filed in court last week, Patil denied the allegations.
According to court filings reported by The Indian Express newspaper, he "categorically denied" writing any post naming or referring to the prime minister, adding that "criminal prosecution cannot be founded on subjective political interpretation or perceived sentiment".
Get our flagship newsletter with all the headlines you need to start the day. Sign up here.