'Can't display list of top 10 criminals in public for surveillance purpose': HC

Uttar Pradesh DGP directed to remove names of top 10 criminals from flysheet board of all police stations in the state.

The Allahabad High Court on Friday directed the Uttar Pradesh director general of police (DGP) to forthwith remove the names/identities of top-10 criminals, along with their criminal antecedents, from the flysheet board from all the police stations in the state as the same is violative of Article 21 of the Constitution.

People undergo thermal screening outside Allahabad high court. (HT_PRINT)

The court, however, held that there is nothing wrong in preparing a list of top criminals in a district for surveillance.

The court directed the Director-General of Police to ensure that a circular in the light of the judgment is sent to all the police heads of the districts to ensure strict compliance with the order.

The court held that the action of police officers in disclosing the identity of criminals in police stations in the public gaze is absolutely unwarranted and uncalled for as well as violative of Article 21 of the Constitution.

The bench comprising Justices Pankaj Naqvi and Justice Vivek Agarwal passed the order while allowing three petitions filed by Jeeshan alias Jaanu, Balveer Singh Yadav and Doodh Nath Yadav.

However, the court said that the benefit of the judgment will not be given to any “claimed offenders and fugitives in law”.

The three petitioners were aggrieved by the publication of their names in the list of top 10 criminals displayed at various police stations in the districts of Prayagraj and Kanpur Nagar.

“In the above backdrop, it is apparent that neither socially nor politically it is desirable to curtail human dignity, which is infringed when the names of accused persons are displayed on the flysheet board of the police station concerned or anywhere else without there being any proclamation issued against them under Section 82 of the Criminal Procedure Code (CrPC). Thus, this practice of putting the names on the flysheet board is derogatory to the concept of human dignity and privacy,” the court stated.

The court held that there was nothing wrong in selecting top 10 criminals in a district for surveillance and observed, “The circular of DG, Police, UP dated 6.7.2020, envisaging a criteria to select top-10 criminals in a district and each police station is in exercise of power to maintain surveillance, to which no illegality could be attached. I also hold the circular dated 6.7.2020 to be lawful and valid. However, there is nothing in the circular which enables the police to disclose the identity of an accused and his criminal antecedents in public gaze.”