In a significant judgment reinforcing the fundamental rights of citizens, the Rajasthan High Court has sent a stern message to the state police: an arrest is not a license to humiliate. The Court observed that the right to dignity is an inseparable part of the right to life and does not "evaporate" the moment a person is taken into custody.
The Jodhpur Bench of the High Court, presided over by Justice Farjand Ali, took a serious view of the "deeply disturbing" practice where police officials allegedly photograph arrested individuals—sometimes in states of partial undress—and circulate these images on social media or to local newspapers.
The Court was hearing a petition filed by ten residents of Jaisalmer (Islam Khan & Ors. v. State of Rajasthan & Ors.). The petitioners alleged a systematic pattern of "public shaming" by the local police. According to the petition, individuals arrested on various accusations were forced to sit at the entrance gates of police stations to be photographed.
Even more shocking were the allegations that arrested persons were forced to strip down to their undergarments before being photographed or confined to cells. The petitioners presented photographic evidence to the Court, showing several women—including unmarried young girls—seated at a police station entrance, with their images later being widely circulated online and in print.
Justice Ali, in his order, reminded the police of a cornerstone of criminal law: the presumption of innocence.
"An accused is merely an accused and not a convict. The constitutional presumption of innocence remains intact unless displaced by a finding of guilt recorded after a fair trial. Any act which publicly parades an accused as a culprit, prior to such adjudication, strikes at the very root of constitutional morality and rule of law," the Court stated.
The Court emphasized that Article 21 of the Constitution guarantees the right to live with honour and self-respect. It noted that forcing an arrestee to sit on the floor, disrobing them, or circulating degrading images amounts to "institutional humiliation" and a direct assault on human dignity.
One of the Court's primary concerns was the permanent nature of the stigma created by social media. Once a photograph is uploaded, it remains in the digital domain forever.
The Court pointed out that for many, especially young women, such public shaming could have devastating life-long consequences, affecting their social acceptance and psychological well-being. Even if the person is later acquitted (found innocent) by a court, the damage to their reputation is often "irreparable."
The High Court noted that there is no law—neither the Code of Criminal Procedure (CrPC), the new Bharatiya Nagarik Suraksha Sanhita (BNSS), nor the Police Act—that authorizes the police to engage in such conduct.
The Court termed these actions as "arbitrary, illegal, and reflective of unbridled caprice," stating that such behavior is wholly unbecoming of a disciplined force tasked with protecting citizens' rights.
During the hearing, the Court's attention was also drawn to a recent incident in Jodhpur where a practicing advocate, Mohan Singh Ratnu, was allegedly subjected to similar treatment.
Taking judicial notice of this, the Court issued the following directions:
- Immediate Removal: The Commissioner of Police, Jodhpur, must remove photographs of Advocate Mohan Singh Ratnu from all web portals and social media platforms within 24 hours.
- Jaisalmer Compliance: The Superintendent of Police, Jaisalmer, was directed to ensure the immediate deletion of photographs of arrested persons from all platforms if uploaded by or on behalf of the police.
- Affidavit Required: Both senior officials must file affidavits outlining the safeguards they have put in place to ensure such incidents never happen again.
The Rajasthan High Court's intervention serves as a timely reminder that the power to arrest is a responsibility, not a tool for mockery. By appointing Advocate Devkinandan Vyas as Amicus Curiae (Friend of the Court) to assist in the matter, the Court has signaled that it intends to address this "systemic threat" to fundamental rights comprehensively.
The case is scheduled for further hearing on January 28, 2026, where the police are expected to report their compliance with the Court’s orders.
Case Title: Islam Khan & Ors. v. State of Rajasthan & Ors.
Bench: Justice Farjand Ali