THE Gwalior bench of the Madh ya Pradesh High Court has held that disclosure of the identity of a suspect in newspapers, on digital platforms or parading him in public prior to adjudication is an infringement of his fundamental rights.
Accused persons have the right to have all their human rights when in prison and that includes Article 21 of the Constitution which provides that “no human shall be denied of his right to life and personal liberty except if established by law”. In addition, the right to privacy is a requisite of the right to life and personal liberty and was recognised by the Supreme Court in Justice KS Puttaswamy (Retd.) vs Union of India 2017.
In the present case, Arun Sharma vs State Of Madhya Pradesh, the petitioner was a tenant in a shop in Gwalior and the landlady complained to the police alleging that he was neither giving rent nor vacating the shop and was threatening to encroach upon her house too.
The police forcibly evicted the petitioner and took him into custody. Further, his photograph was published in the newspapers as well as on social media where he was projected as a hardcore criminal.
Later, a complaint was made to the superintendent of police (SP), Gwalior, after which an inquiry was conducted. It was found that the petitioner was an innocent person with no criminal antecedents. He was released as it was a case of mistaken identity. The police officer responsible for this fracas was suspended and the news of his suspension published in newspapers. However, the suspension was soon revoked and the officer was given another posting.
This story is from the November 23, 2020 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the November 23, 2020 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
