All HC | Banners displaying personal details of individuals accused of destroying public property during Anti-CAA protests directed to be removed

Allahabad High Court: A Division Bench of Govind Mathur, CJ and Ramesh Sinha, J. directed the District Magistrate, Lucknow and the Commissioner of Police, Lucknow Commissionerate, Lucknow to remove the banners from the roadside containing personal data of individuals who were accused of destroying the public property during Anti-CAA Protests in December 2019.

Privacy is a fundamental human right recognized in the United Nations Declaration of Human Rights. In our country, where privacy is not explicitly recognized as funamental right in the constitution, the Courts have found such right protected as an intrinsic part of life and personal liberty under Article 21 of the Constitution of India.

In the present public interest writ, undertaken by the Court at its own, simple question is, the legitimacy of the display of photographs, name and address of certain persons by the district administration and police administration of the Lucknow through banners. It has been further stated that, banners came up at a major roadside with personal details of more than 50 persons accused of vandalism during a protest in December, 2019. 

Chief Justice of this Court on noticing the injury to right to privacy, directed the registry to register a petition for the writ in public interest.

The main issue about the unwarranted interference in the privacy of people, it would be appropriate to state that admittedly no statutory provisions in that regard were available with the State.

Supreme Court in Malak Singh v. State of Punjab and Haryana, (1981) 1 SCC 420 held that even for history sheeters who have the necessary criminal history the information about the history sheet and the surveillance has to be kept discreet and confidential that cannot be shared with public and there is no question of posting the photographs of history sheeters even at police stations.

Bench stated that, on scaling, the act of the State, there was no necessity required for a democratic society for a legitimate aim to have the publication of personal data and identity.

Thus, in entirety, the action of the State was an unwarranted interference in the privacy of people and the same in violation of Article 21 of the Constitution of India.[In-Re Banners Placed On Road Side In the City of Lucknow v. State of U.P.,  2020 SCC OnLine All 244, decided on 09-03-2020]

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