Rajasthan High Court raps police for public shaming of accused, orders removal of arrest photos

Jaipur: The Rajasthan High Court has taken strong exception to the practice of police publicly parading arrested persons and circulating their photographs on social media and in newspapers, calling it a grave violation of the fundamental right to live with dignity under Article 21 of the Constitution.

In an order passed on January 20, Justice Farjand Ali, while hearing a criminal writ petition filed by residents of Basanpeer Juni village in Jaisalmer, described the allegations as deeply disturbing and indicative of an alarming pattern within police functioning Islam-Khan.

The petitioners alleged that police routinely compel accused persons to sit at the entrance or in front of police station gates after arrest, photograph them, and circulate those images widely. In some instances, it was alleged that arrestees were forced to strip and made to sit in undergarments while photographs were taken and shared publicly.

The court noted that photographs annexed to the petition showed several women, including unmarried young girls, seated at the entrance of a police station, with their images allegedly circulated on social media and in local newspapers. The court observed that such publication portrays accused persons as criminals even before any adjudication of guilt by a competent court.

Reiterating the constitutional presumption of innocence, the High Court said an accused remains an accused and not a convict until proven guilty after a fair trial. Publicly branding individuals as criminals before conviction strikes at the core of constitutional morality and the rule of law, the court said.

Justice Ali emphasized that the right to life under Article 21 includes the right to dignity, honour, and self-respect, which does not vanish upon arrest. Forcing arrestees to sit on the floor, partially disrobing them, photographing them in humiliating conditions, and circulating such images amounts to institutional humiliation and a direct assault on human dignity.

The court also highlighted the irreversible harm caused by such actions, particularly in the case of unmarried women, noting that social stigma, damage to marriage prospects, and psychological trauma can persist even if the accused is later acquitted. The Constitution, the court observed, does not permit the State to inflict such permanent injury.

The court made it clear that neither the Code of Criminal Procedure, the Bharatiya Nagarik Suraksha Sanhita, nor the Police Act authorizes police to indulge in such conduct, terming the alleged actions arbitrary, illegal, and unbecoming of a disciplined force entrusted with safeguarding citizens’ rights.

During the hearing, advocate Devkinandan Vyas sought permission to intervene and informed the court about a recent incident reported in Dainik Bhaskar, where a practising advocate was allegedly made to sit outside a police station in Jodhpur and photographed, with the image going viral. The court took judicial notice of the report, observing that such incidents raise serious concerns regarding fundamental rights.

The High Court directed the Additional Advocate General to file a response and ordered the Superintendent of Police, Jaisalmer, to submit an affidavit specifically addressing the allegations. As an interim measure, the SP, Jaisalmer, was directed to ensure immediate deletion and removal of photographs and related content of arrested persons from web portals and social media platforms.

The court also directed the Commissioner of Police, Jodhpur, to remove photographs of Advocate Mohan Singh Ratnu from all platforms within 24 hours and to file a detailed report explaining the institutional safeguards put in place to prevent recurrence of such incidents.

The matter has been listed for further hearing on January 28, 2026, with Devkinandan Vyas appointed as amicus curiae Islam-Khan.