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The Madhya Pradesh High Court ruled that "the Chief Minister's social media posts cannot be considered administrative orders or instructions." Social media posts from government officials are not always seen, read and followed by their superiors. In other words, a detention order passed by District Magistrate cannot be considered as having been passed "under dictate" of the Chief Minister, the Court said. As a result, Sonu Bairwa was detained on orders from the District Magistrate under the National Security Act, 1980 (NSA) for engaging in black marketing of Remedesivir injections, the bench said. Maheshwari drew the attention of this Court to the Chief Minister's multiple social media posts in which he stated that persons engaged in black marketing of Remedesivir injections would be detained under the National Security Act.
There were arguments that the Magistrate was acting "under dictation" in passing the order for detention in view of these posts. The Court, however, found that the argument lacked substance and remarked that social media posts cannot be equated with administrative orders, as the plaintiffs had alleged. District Magistrate would have passed a detention order if there had been an executive instruction/order issued by a higher government official, the Bench said. "Perhaps the matter would have been different" if there had been an executive instruction/order issued by a higher government official, it said. As a result, the Court concluded that the District Magistrate exercised his discretion in accordance with the law and that no intervention by the High Court was required. Surprisingly, the Delhi High Court recently ruled that a promise, assurance, or representation made by a State's Chief Minister (CM) is an enforceable promise that must be carried out by the government. The Chief Minister's assurance/promise is enforceable under the doctrines of promissory estoppel and legitimate expectations, according to single-judge Justice Prathiba Singh.
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