Rajasthan HC issues directions against sharing photos, videos of arrestees online

The Rajasthan High Court has issued a series of directions aimed at preventing the public humiliation of arrested individuals by the police, strongly criticising the practice of sharing photographs and videos of arrestees on social media platforms, according to reports.

Justice Farjand Ali observed that such actions amounted to an “extra-legal punishment” not recognised under the law and violated the principle that every accused person is presumed innocent until proven guilty, Maktoob Media reported.

The court reportedly criticised what it described as “media trials by police,” where law enforcement agencies allegedly portray accused persons as guilty through press conferences, staged photographs and social media posts even before judicial proceedings are completed.

The observations came during the hearing of a writ petition filed by the accused persons in a criminal case. The petitioners alleged that after their arrest they were subjected to degrading treatment, photographed and videographed in humiliating conditions, and that the visuals were later circulated through official police social media accounts.

According to the petitioners, the actions violated their constitutional rights to dignity, reputation and a fair trial guaranteed under Articles 14, 21 and 22 of the Constitution.

Amici curiae appearing in the matter reportedly argued that publicly parading accused persons, disrobing them and circulating such visuals amounted to institutional humiliation and psychological violence. They also contended that such practices could permanently damage the reputation of individuals even if they were later acquitted.

During the proceedings, the court examined compliance reports and Standard Operating Procedures submitted by police authorities. The SOPs reportedly prohibited the circulation of photographs and videos of arrested persons and stressed the need for humane and dignified treatment of individuals in custody.

The High Court emphasised that the police, as an arm of the State, could not assume the role of the judiciary by publicly declaring individuals guilty or by engaging in actions that might prejudice a fair trial.

The court further warned that the creation and circulation of permanent digital records of arrested persons could cause irreversible psychological harm and social stigma.

The court ultimately directed strict adherence to the SOPs, prohibited public parading and social media condemnation of arrested individuals, and ordered that the basic human rights and dignity of everyone entering police stations be protected at all times.

The directions come amid growing criticism of police practices in Rajasthan involving the public humiliation of accused persons through parading, forced confessions and the circulation of photographs and videos online.

The matter reportedly involved residents of Basanpeer Juni village in Jaisalmer district, who alleged that police forced arrested persons, including women and unmarried girls, to sit in degrading conditions near police station entrances before photographing and filming them. The visuals were then allegedly circulated through official police social media accounts and local media outlets.

The court described such practices as “institutional humiliation” and “extra-legal punishment” that violated the dignity guaranteed under Article 21 of the Constitution.

The High Court also recently intervened in the case of advocate Mohan Singh Ratnu, directing the Jodhpur Police Commissioner to remove photographs of the lawyer that had reportedly been widely circulated online after his arrest.

In another incident in Sikar, Rajasthan Police drew criticism after a video allegedly showing accused persons being publicly paraded was shared through an official police social media account with celebratory captions.

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