The Rajasthan High Court on Tuesday held that police-facilitated social media condemnation of arrestees leading to public humiliation amounts to unlawful punishment, terming it a violation of fundamental rights and “institutional humiliation.”
Justice Farjand Ali, who was dealing with the pleas of 10 petitioners against the police practice of involving the public in parades and the digital dissemination of photographs of individuals in custody, said that strict adherence must be maintained to all prescribed Standard Operating Procedures and warned that any breach would invite action against erring officers.
The court ordered that individuals with no serious criminal antecedents must not be subjected to public parading, disrobing, or any degrading treatment. 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.
“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,” the bench said.
“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.
{{/usCountry}}“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.
{{/usCountry}}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 said 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.