The Rajasthan High Court reprimanded Jaisalmer police for humiliating arrested persons by public display and circulating photographs, sometimes in undergarments. Justice Farjand Ali held arrests do not erase constitutional dignity rights and ordered immediate removal of images.
RAJASTHAN: The Rajasthan High Court reprimanded the Jaisalmer police for publicly humiliating arrested individuals by making them sit at the police station entrances, photographing them sometimes in undergarments and disseminating these images on social media and in newspapers.
Justice Farjand Ali emphasized that an arrest does not nullify the fundamental rights guaranteed by the Constitution, including the right to dignity. The Court ordered the immediate removal of such photographs.
The order stated. that,
“The right to dignity does not evaporate upon arrest. Even a person accused of an offence continues to be clothed with basic human rights. Forcing an arrestee to sit on the floor, stripping or partially disrobing such person, photographing him or her in a degrading condition, and thereafter circulating those images on social media or in newspapers, amounts to institutional humiliation and a direct assault on human dignity,”
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The petitioners alleged that police officials routinely make accused individuals sit at police station entrances, photograph them, and publicly share these images. They claimed that such practices also affect women, including unmarried young girls, whose photos are allegedly circulated without any formal prosecutorial determination of guilt.
Photographic evidence was submitted, showing several women seated at a police station entrance. The petitioners stated that these images had been shared on social media and published in local newspapers, leading to a public perception of guilt.
The petition was filed by ten residents of Jaisalmer. Taking the allegations seriously, the Court noted claims that arrested individuals are often made to strip down to their undergarments before being placed in prison cells in that condition.
The Court remarked,
“Such conduct is plainly inhuman, degrading, and violative of the bare minimum human rights guaranteed to every individual, irrespective of the accusations against him. This Court is of the view that 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,”
The Court requested responses from senior police officials regarding the petition, indicating that the allegations raised significant concerns about adherence to constitutional protections. In the meantime, the Court made it clear that any photo of arrested individuals publicly disseminated by the police must be removed within 24 hours.
The order stated,
“The Commissioner of Police, Jodhpur, is directed to immediately remove the photographs of Advocate Mohan Singh Ratnu from all web portals, social media platforms, and any other medium where the same are available. The compliance shall be ensured within 24 hours and shall be reported to this Court on the next date of hearing,”
Additionally, the Court instructed the Commissioner of Police to file a response detailing the safeguards implemented to prevent similar incidents in the future.
Justice Ali remarked that the principle of presumption of innocence is fundamental to criminal law and suggested that portraying an accused as a criminal prior to trial undermines this principle.
The Court observed that once such images are shared, especially online, their impact can be long-lasting and remain publicly accessible. It noted that even if an accused is subsequently acquitted, the damage to their reputation and social standing may never be fully rectified. There is no legal authority permitting police officials to engage in such actions. It opined that the police’s conduct appeared unfair, unjustified, and exceeded their legal powers.
During the proceedings, advocate Devkinandan Vyas, representing the petitioners, indicated that similar practices were reported in other districts. He referenced a recent newspaper article about the arrest of a practicing advocate by the Udaimandir Police Station in Jodhpur, where the advocate was allegedly made to sit outside the station and photographed.
The Court acknowledged this report, noting it raised serious concerns regarding fundamental rights and has now directed the Superintendent of Police, Jaisalmer, to file an affidavit addressing the allegations and mandated the immediate removal of photographs and related content of arrested individuals from web portals and social media.
The case will be next heard on January 28.
Amicus Curiae : Advocate Devkinandan Vyas ( Appointed by the court)
For Petitioner : Advocates Sarwar Khan and Rajak Khan
For State: Additional Advocate General Deepak Choudhary and Public Prosecutor SR Choudhary
Case Title: Islam Khan & Ors. v. State of Rajasthan & Ors.
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