In a major judgment aimed at protecting the fundamental rights of citizens, the Rajasthan High Court has passed a strong order banning police personnel from publicly shaming accused individuals on social media. The Court observed that the growing trend of police "media trials"—where photos and videos of arrestees are shared online to brand them as criminals—is a form of "extra-legal punishment" that has no place in a constitutional democracy.
The single-judge bench of Justice Farjand Ali, sitting at the Jodhpur Bench, delivered this verdict while hearing a petition filed by Islam Khan and others from Jaisalmer. The petitioners had alleged that after their arrest, they were made to sit in humiliating conditions, photographed, and their images were blasted across official police social media handles, effectively "convicting" them in the court of public opinion before their trial even began.
The case dates back to July 2025, arising from a public protest in Basanpeer Juni village, Jaisalmer. Following a clash with officials, several locals, including women and young girls, were arrested. The petitioners moved the High Court alleging that the police forced them to sit in undignified positions outside the police station and took photographs that were later shared on social media and local newspapers.
They argued that this "social trial" caused irreversible damage to their reputation, mental health, and social standing. The Court, taking a serious view of these allegations, had earlier issued an interim order in January 2026, directing the police to remove all such content immediately.
Justice Farjand Ali’s judgment is being hailed for its philosophical and legal depth. One of the most striking parts of the ruling is the reference to the "Ship of Theseus" paradox. The Court used this analogy to explain that a human being, once subjected to institutional humiliation and public shaming, is fundamentally changed. The mental and social scars left by such acts mean the person does not remain the same "original" individual even if they are later proven innocent.
"An accused is merely an accused and not a convict," the Court reminded the police. It emphasized that the constitutional "presumption of innocence" remains intact until a competent court records a finding of guilt.
The High Court laid down several crucial points:
- Article 21 Protection: The right to life and personal liberty includes the right to live with dignity. The Court stated that this dignity "does not evaporate" just because a person has been arrested.
- No Power to Punish: The police have the power to investigate, not to declare someone guilty. By sharing photos to shame someone, the police "arrogate unto itself the role of judge in the court of public opinion."
- Digital Scars are Permanent: In the age of the internet, once a photo is uploaded, the stigma is permanent. Even if a person is eventually acquitted (cleared of charges), the digital record of their "shaming" continues to haunt them, affecting their marriage prospects, jobs, and social life.
The Court observed that parading accused persons or displaying them like "trophies" reflects a "colonial consciousness" of control and subjugation. Justice Ali noted that such practices are incompatible with modern democratic values. The judgment criticized the practice of "perp walks" (walking an accused in public for cameras) and disrobing or making arrestees sit in degrading conditions.
To ensure that such incidents do not repeat, the Rajasthan High Court has issued a series of binding directions and "Do’s and Don’ts" for the police department:
- Strict Ban on Social Media Sharing: Police officials are expressly prohibited from sharing photographs or videos of arrested persons on official social media handles or with the press.
- Humane Treatment: Every person entering a police station, whether an arrestee or a complainant, must be treated with respect. No one shall be subjected to misbehavior, harassment, or coercion.
- Public Display of Rules: The new Standard Operating Procedures (SOPs) must be prominently displayed at every police station and on official police websites across Rajasthan.
- Accountability: Any violation of these guidelines will lead to strict action against the erring police officials.
The Court showed particular concern for women and unmarried girls whose photos were shared online. It noted that the social consequences for women in such cases can be "devastating," leading to social isolation and psychological trauma. The judgment mandates that police show "special sensitivity" toward women, the elderly, and vulnerable sections of society.
The judgment is a timely reminder that in a country governed by the Rule of Law, even the state must follow the law while enforcing it. By declaring social media shaming as "extra-legal punishment," the Rajasthan High Court has closed a loophole that was being used to bypass the judicial process.
This ruling sets a powerful precedent not just for Rajasthan, but for police departments across India, emphasizing that "justice" cannot be delivered through hashtags or viral videos—it must be delivered in a courtroom through a fair and dignified process.
Case Title: Islam Khan & Ors. v. State of Rajasthan & Ors.
Coram: Justice Farjand Ali