The Rajasthan High Court on Tuesday ruled that condemning detainees on social media facilitated by the police leading to their humiliation amounted to unlawful punishment, terming it a violation of fundamental rights and an “institutional humiliation”.
Justice Farjand Ali, who was dealing with the petitions of 10 petitioners against the police practice of engaging the public in processions and digitally publishing photographs of detained individuals, said strict adherence to all prescribed SOPs must be maintained and warned that any breach would invite action against the errant officers.
The court ordered that individuals without serious criminal records should not be subjected to public display, nudity, or any degrading treatment. Any act of social media condemnation facilitated by the police, which results in public humiliation, will be treated as a form of punishment, which is not punishable by law.
“The power to investigate does not include the power to declare guilt. The accused is merely an accused and not a convict,” the bench said. The constitutional presumption of innocence remains intact unless it is replaced by a recorded conviction after a fair trial. “Trust in the justice system is built not on spectacle, but on adherence to due process and the rule of law.”
He added: “Such an exercise of power, which is not punishable by the Constitution nor any valid legal legislation, cannot be accepted in a system governed by the rule of law. Any act of condemnation on social media organized or facilitated by police authorities… must be construed as a form of punishment. The right to life… includes the right to live with dignity, honor and self-respect. The right to dignity does not evaporate upon arrest.”
The court also ordered that these guidelines should be displayed prominently in all police stations and official web portals in the form of ‘do’s and don’ts’ to ensure accountability and public awareness. She said the basic human rights of every detainee must be respected at all times, and no one should be subjected to misconduct, harassment or coercion under any circumstances.
