Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive Order

Must Read

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable...

Follow us

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the Madhya Pradesh High Court. The Court examined the facts of the case & granted a week to the State to file their return. 

Background

The Petitioner, Arun Sharma, was wrongfully arrested and a news article portraying him to be a hard-core criminal was published in the newspaper by the Sub-Inspector Dinesh Rajput. In light of the wrongful arrest & violation of privacy rights, the Sub-Inspector was placed under suspension. This suspension was highly publicized.

Within 15 days, the order of suspension was revoked and the Sub-inspector was granted a transfer without informing the public at large. Multiple questions of law have been posed by the Court in the present hearing – the integral one being – whether the privacy rights of an individual granted under the Constitution can be violated by executive order.

Respondent’s Submissions

The Counsel for State submitted that in 2014, a circular had been issued regarding the sharing of information with the media. The circular stated that uncovered faces of accused persons can be shared with the media subject to a few restrictions as enumerated in the impugned circular. The Respondents accepted that the Sub-Inspector had wrongly arrested the Petitioner.

As a consequence, the Sub-Inspector was suspended and the same was published in the newspaper alongside his photograph. The Respondents also informed the Court that punishment of fine amounting to Rs. 5000/- was imposed on the Sub-Inspector.

In the previous compliance report, the Respondents disclosed that the aforesaid suspension order was revoked after fourteen days and the Sub-Inspector was transferred out of the jurisdiction. A new copy of the posting was, however, not submitted by the Respondents.

Court’s Observations

The Court noted that the Respondents had failed to clarify the reason behind the revocation of the suspension order of the Sub-Inspector even though a gross violation of fundamental rights was carried out by him. Moreover, even though the Respondents highly publicized the suspension order, revocation of the same was not informed to the general public. The return filed by the Respondents is silent on whether a violation of privacy rights is a normal mistake or serious misconduct. It is also silent on the question of payment of compensation under Article 21 of the Constitution.

Court’s Order

In light of the above, the Court required the Respondents to clarify the following aspects;

Firstly, whether a violation of privacy rights & tarnishing one’s reputation is a normal mistake or serious misconduct? Secondly, why the order of revocation of suspension was not publicized thereby informing the general public that police officers can get away with gross violations of fundamental rights? Thirdly, why is the return silent on the question of compensation despite the admission of guilt?

Fourthly, whether any inquiry into the allegations made against the sub-inspector and, if yes, what was the outcome? Fifthly, whether the detention of a person without a formal arrest is permissible? And lastly, which law permitted the Respondents to upload photographs of an accused person on social media?

In regards to the circular relied upon by the Respondents, another integral question that arose is – whether the State Government, by issuing an executive order, can violate the fundamental rights of individuals enshrined under Article 21 of the Constitution. The Court relied upon Mehmood Nayyar Azam v. State of Chattisgarh to highlight aspects related to the fundamental rights of arrested persons. The Court granted a week to the State to file a return on the abovementioned aspects.

Click here to read Order


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of the Sub-Judge, Hosur. The case...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order held that Mr Arora had...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to quash the charge sheet (dated...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to quash and set aside an...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order on 17th November 2020 in...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable Justice Gopinath. P heard the...

AP High Court: If an Auction Is Conducted by a Cooperative Bank, the Property Ceases to be Property of the State

A single-judge bench consisting of honourable justice Ninala Jayasurya gave orders on the writ petition filed by the petitioner. The petition challenges the action...

Madras HC Rules in Favour of the Authorities in FMGE Examination, Finds Writ Petitions Against the Exam Void of Merit

Three aspirants of Foreign Medical Examinations moved to the High Court by filing a Writ Petition under Article 226 of the Indian Constitution. They...

Hong Kong High Court Rules for Independent Mechanisms To Be Set up To Deal With Complaints Against Police Officers

The present suit was brought by a journalist association because of the police brutality that the protestors faced in the protests against the China...

Madras High Court Maintains That Government Policy Is To Prioritize Own State’s Candidates and Sets Aside Nativity Certificate Rejection Order

Varsha Totagi, a NEET aspirant filed a Writ Petition under Article 226 of the Indian Constitution. She had been denied Nativity Certificate without which...

More Articles Like This

- Advertisement -