Lawstreet Journal

Publication of the names/photographs of alleged criminals on notice boards of police stations is violative of Article 21 of the Constitution: Allahabad HC [READ ORDER]

Lawstreet Journal 5 Feb 2021 1:10am

Image courtesy: Lawstreet Journal Judiciary Publication of the names/photographs of alleged criminals on notice boards of police stations is violative of Article 21 of the Constitution: Allahabad HC [READ ORDER]

The Allahabad High Court on 29.01.2021(Friday) comprising of a Division Bench of Justices Vivek Agarwal and Pankaj Naqvi held that publication of the names/photographs of alleged criminals/ accused persons other than proclaimed offenders and fugitives from law, on notice boards of police stations is a violation of the right to privacy and human dignity under Article 21 of the Constitution. (Jeeshan @ Jaanu And Another v. State)

It added that it is apparent that neither socially nor politically it is desirable to curtail human dignity, which is infringed when 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 the Code of Criminal Procedure( Cr.PC), 1973. Thus, this practice of putting the names on the flysheet board is derogatory to the concept of human dignity and privacy.

On the second issue, whether the policy grants the Police the right to publish names, the court said that there is no provision in the circular nor any of the provisions contained in the police regulations, the Police Act, 1861 or the Code of Criminal Procedure (CrPC), to publish list of identified top 10 criminals and mafia elements either on the flysheet board of the concerned police station or anywhere else.

State of Punjab and Haryana and Others (1981) 1 SCC 420, submitted that even history sheets and village crime note books are not public documents, therefore, publishing names of the petitioners as top-10 criminals is neither… Continue Reading...


Tagged: Allahabad High Court  
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