Allahabad HC raps UP govt over hoardings of anti-CAA protesters, calls it interference into privacy

By putting out hoardings of anti-CAA protesters, the Uttar Pradesh government apparently went beyond the remit of law and the Constitution.

Its decision to erect banners displaying the names of over 50 protesters rightly came under attack from the Allahabad High Court, which found it “nothing but unwarranted interference into privacy”. Those named were accused of vandalism and causing destruction to public properties during their agitation in December 2019.

In naming and shaming the accused, the state government disregarded the basic cannons of decency by seemingly acting in a malicious and spiteful manner. It even forgot to consider that they were just accused. Even if some of them might be guilty of charges, the State cannot stoop to such a low as to show their names, photos, and addresses in public.

The Supreme Court's nine-judge bench has on August 24, 2017, recognised the right to privacy as a fundamental right as a part of life and liberty. Such a right is available to all the citizens and even those accused of heinous crimes.

The state's claim that it was intended to “deter mischief mongers” from causing damage to public and private properties was equally mischievous, to say the least.

In 1980, in the case of Malak Singh Versus State of Punjab, the Supreme Court has said history sheets and surveillance registers of suspects, habitual and potential offenders “have to be and are confidential documents”. It meant those documents can't be made public.

It is beyond doubt that the state is always entitled to take all necessary steps to ensure the maintenance of law and order but it cannot go on taking steps in breach of the fundamental rights of citizens.

Notably, the Code of Criminal Procedure, 1973, allowed a court to publish a written notice for the appearance of an absconder of law after declaring the person as proclaimed offender. But here none of the accused was declared as a fugitive.

Acting suo motu in the matter, the high court found there was no law in existence in the state allowing it to place the banners with personal data of the accused, who were to pay compensation to damages to properties. The high court directed the district magistrate, Lucknow to immediately remove the roadside hoardings and report compliance by March 16.