Midnight Arrest, Daylight Questions: Why was Santosh Pandit taken into custody?

From exposing civic failures to confronting political VIPs, the Pune activist built a massive following—now he faces criminal charges after a midnight arrest
Pune Activist-Influencer Santosh Pandit | Image : The Bridge Chronicle

The midnight arrest of Pune-based activist and YouTuber Santosh Pandit on September 3 has raised a far more consequential question than the allegations levelled against him: whose complaints command the immediate attention of the State, and whose complaints are allowed to languish?

Pandit was picked up from his Kothrud residence at around 1 a.m., shortly after a second complaint was filed over videos in which he allegedly made obscene, sexually coloured and defamatory remarks while targeting Maharashtra cabinet minister Chandrakant Patil, BJP corporator Mitali Salvekar and Chief Minister Devendra Fadnavis. A local Pune court, on September 3, sent Pandit into police custody till September 8, as per The Wire. The extraordinary speed and manner of the police response cannot be divorced from the political context in which Pandit was arrested: he had been using his large social-media following to publicly question politicians over roads, civic infrastructure, alleged misuse of power and the preferential treatment routinely enjoyed by the politically connected. That is where the real controversy begins.

The issue is not whether Pandit is “above the law”. He is not. The issue is whether the law suddenly becomes exceptionally efficient when the accused is a vocal critic of those in power— and markedly less, urgent when allegations are directed at the powerful themselves.  Pandit’s arrest therefore cannot be examined merely through the language of the FIR. It has to be examined through the larger pattern of policing dissent in Maharashtra: who is investigated, who is arrested, whose speech is treated as an urgent threat, and whose conduct is tolerated despite repeated complaints.

From civic critic to criminal accused

Pandit has built a substantial following by turning everyday failures of governance into highly visible social-media campaigns. His videos routinely focus on potholes, poor-quality infrastructure, traffic violations and what he describes as preferential treatment for politicians and other VIPs. His YouTube channel, launched in 2022, has grown to more than a million subscribers. Some of his videos have attracted millions of views.

One of his widely circulated videos showed him pursuing a vehicle carrying an allegedly illegal number plate, confronting the driver and approaching the police to demand action. The video eventually showed the vehicle owner apologising and agreeing to correct the violation. Pandit’s activism, however, increasingly brought him into direct confrontation with political figures.

On August 31, he uploaded a video in which he confronted BJP MLC Gopichand Padalkar, a close associate of Chief Minister Fadnavis, over an allegedly non-compliant high-security registration plate and the absence of seat belts. The video reportedly crossed 6.8 million views. Pandit subsequently claimed that he had received threats from persons associated with Padalkar.

This was not the first time he had alleged threats following his criticism of BJP leaders. Earlier, he had claimed that BJP workers had threatened him after he criticised Maharashtra minister and senior BJP leader Chandrakant Patil. Then came the complaints—and, within days, the arrest.

Two complaints, one arrest

Pune activist Santosh Pandit arrested, Image: YouTube/@santosh_pandit6278.

A complaint was first lodged on August 31 by BJP corporator Sunil Pande, reportedly an associate of Chandrakant Patil, over Pandit’s alleged remarks against the minister. A second complaint was subsequently filed at Kothrud Police Station by a 36-year-old Pune Municipal Corporation sanitation worker.

According to The Indian Express, the woman alleged that she had encountered videos in which Pandit made objectionable remarks concerning Patil and a woman corporator. She also referred to another video in which Pandit allegedly used obscene language while questioning Chief Minister Fadnavis over the quality of road-laying work.

The Wire, which reviewed a copy of the FIR, reported that Pandit was booked under Sections 75(1)(iv), 75(3), 356(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, along with Section 67 of the Information Technology Act. The provisions invoked relate, among other things, to sexually coloured remarks, sexual harassment, defamation, intentional insult and the electronic transmission or publication of allegedly obscene material.

Pandit’s lawyer, advocate Wahed Khan, disputes the characterisation of his client’s language as sexually suggestive. He has argued that the words were being interpreted out of context and were expressions used in everyday parlance.

Why a 1 a.m. arrest?

According to Pandit’s lawyer, police arrived at his home around 12.30 a.m. and took him away. The FIR was registered at Kothrud Police Station at approximately 1.18 a.m. A local court subsequently remanded Pandit to police custody until September 8. The timing has become one of the most contentious aspects of the case.

Khan has argued that the police failed to follow the safeguards governing arrests for offences carrying relatively limited maximum sentences. He specifically invoked Section 35 of the BNSS and the Supreme Court’s safeguards in Arnesh Kumar v. State of Bihar, arguing that a notice to cooperate with the investigation should ordinarily precede arrest where the statutory conditions require it. He further alleged that police issued a notice only after Pandit had already been taken into custody.

Police, however, have maintained that Pandit had previously been served a notice to cooperate with the investigation.

The most uncomfortable aspect of the Pandit case is therefore not simply the language allegedly used by him. It is the apparent disparity in the State’s response to allegations involving different categories of people. An analysis published by The Wire found that 13 of the 39 ministers in the Maharashtra cabinet had serious criminal charges registered against them. BJP minister Nitesh Rane alone had 38 FIRs, according to the newspaper, including 20 concerning alleged hate speeches directed at Muslims involving abuse and threats of violence.

 

The contrast is nevertheless legitimate grounds for public scrutiny. If the police can act with extraordinary speed when a social-media activist is accused of making obscene remarks about a minister and a woman politician, citizens are entitled to ask why comparable urgency is not always visible when allegations of inflammatory, abusive or threatening speech are levelled against powerful political actors.

Opposition cries foul

The arrest has already drawn criticism from opposition parties. NCP (Sharadchandra Pawar) spokesperson Anish Gawande described the 1 a.m. arrest as an instance of political intimidation and questioned the alleged failure to comply with Section 35 of the BNSS and the Arnesh Kumar safeguards.

 

Maharashtra Congress chief Harshvardhan Sapkal also criticised the action, asking whether the Modi-Fadnavis government was using police power to intimidate those who question the government.

 

 

The politics behind the videos

Pandit’s own public trajectory adds another dimension to the controversy. In a podcast cited by The Wire, Pandit spoke about losing his travel business and home following the economic fallout from the 2008 Mumbai terror attacks. He said that the experience left him angry and looking for an opportunity to challenge the government.

He subsequently supported Narendra Modi and campaigned for the BJP in 2014. Over time, however, he became increasingly disillusioned with the party and began directing his criticism at what he saw as failures of governance and the misuse of political power.  Much of Pandit’s online work is built around an extremely basic civic proposition: politicians and public officials should follow the rules that ordinary citizens are expected to follow. His confrontation with Padalkar over a number plate is precisely the kind of incident that can be uncomfortable for political establishments because it collapses the distance between the ordinary citizen and the political VIP.

 

 

 

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