Police can't publicly degrade accused: HC
JODHPUR, May 7 -- The Rajasthan high court on Wednesday issued stringent directions barring police authorities from publicly parading accused persons or circulating their photographs, making clear that such actions amount to unlawful punishment and a violation of fundamental rights.
Allowing the petition, justice Farjand Ali directed strict adherence to all prescribed standard operating procedures, warning that any breach would invite action against erring officials. The court further ordered that individuals with no serious criminal antecedents must not be subjected to public parading, disrobing or any degrading treatment.
The case arose from allegations that police in Jaisalmer photographed and circulated images of arrested persons, exposing them to what the court described as a "social trial."
The court held that any act of social media condemnation facilitated by police, resulting in public humiliation, would be treated as a form of punishment, which has no sanction in law. It expressly restrained police officials from engaging in or promoting such practices.
The court also directed that these guidelines be prominently displayed at all police stations and official web portals in the form of "Do's and Don'ts" to ensure accountability and public awareness. It further mandated that the basic human rights of every arrestee must be respected at all times, and no person should be subjected to misbehaviour, harassment or coercion under any circumstances.
The bench said: "The power to investigate does not encompass the power to declare guilt. 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. Confidence in the justice system is not built upon spectacle, but upon adherence to due process and the rule of law."
"Such exercise of power, which neither finds sanction under the Constitution nor under any statutory enactment in force, cannot be countenanced in a system governed by the rule of law. Any act of social media condemnation orchestrated or facilitated by police authorities. shall be construed as a form of punishment. The right to life. includes the right to live with dignity, honour and self-respect. The right to dignity does not evaporate upon arrest," it added....
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