‘Institutional humiliation’: Rajasthan High Court orders 24-hour takedown of accused persons’ photos from social media

“Even a person accused of an offence continues to be clothed with basic human rights. In the case of unmarried women, the consequences can be devastating, affecting their prospects of marriage, social acceptance, and psychological well-being,” the court noted.

Findings

• The grievance raised before this court discloses a deeply disturbing practice which, according to the petitioner, has now become alarmingly routine.
• Even more egregious are the allegations that, in certain instances, the accused persons are forced to strip themselves and are made to sit in a humiliating state, clad only in undergarments, while photographs are taken and disseminated.
• It is apposite to reiterate that an accused is merely an accused and not a convict.
• The constitutional presumption of innocence remains intact unless displaced by a finding of guilt recorded after a fair trial.
• Any act which publicly parades an accused as a culprit, prior to such adjudication, strikes at the very root of constitutional morality and rule of law.
• The damage caused by such acts is neither speculative nor transient. Once such photographs are released into the digital and public domain, the stigma attaches permanently.
• Even if the accused is ultimately acquitted, the scar inflicted upon reputation and social standing is often irreparable.
• The Constitution does not countenance such irreversible injury at the hands of the State. Significantly, neither the code of criminal procedure, nor the bharatiya nagarik suraksha sanhita, nor the Police Act or the Rules framed thereunder confer any authority upon the police to indulge in such conduct.
• The acts complained of are prima facie arbitrary, illegal, and reflective of unbridled caprice, wholly unbecoming of a disciplined force entrusted with the protection of citizens’ rights.
• The court may observe that any infringement of fundamental rights cannot be tolerated, being a sentinel and the guardian of constitutional liberties.
• The issue discloses a serious and systemic threat to the fundamental right to life with dignity.
• The alleged act is not only inhumane in nature but also strikes at the very root of basic human rights and amounts to a clear infraction of the constitutional guarantees enshrined under the law.

Decision

• The court takes judicial notice and cognisance of the news report, where an arrestee advocate was made to sit in front of the police station gate and his photograph was made viral, as it raises serious concerns touching upon the fundamental rights of citizens.
• Additional Advocate General Deepak Choudhary is directed to accept notice on behalf of the state and file a response to the petition.
• The superintendent of police (SP), Jaisalmer, shall file an affidavit specifically responding to and negating the aspersions levelled in the petition.
• The Jaisalmer SP is directed to make all necessary arrangements to ensure immediate deletion and removal of photographs and related content of arrested persons from web portals, social media handles, and other platforms, if uploaded on their behalf.
• The commissioner of police, Jodhpur, is directed to immediately remove the photographs of the arrested advocate from all web portals, social media platforms, and any other medium where they are available.
• The compliance shall be ensured within 24 hours and shall be reported to this court on the next date of hearing.
  It is further directed that a detailed reply shall be filed to satisfy the court that adequate, effective, and institutional safeguards have been put in place to ensure that such incidents, as noticed hereinabove, are not repeated in the future within the jurisdiction of the police commissionerate, Jodhpur.

Background

• The matter arose from the plea filed by 10 petitioners, who alleged that police authorities have adopted an “alarmingly routine” practice of forcing arrestees to sit at the entrance of police stations for coloured photographs.
• These images are subsequently circulated widely via newspapers and social media platforms.
• Representing the petitioners, Advocates Sarwar Khan and Rajak Khan presented photographs showing several individuals, including unmarried young girls, being portrayed as criminals before the police, before any adjudication of guilt by a competent court of law.