The Gwalior Bench of the Madhya Pradesh High Court has observed that producing suspects before the media violated their fundamental right under the Constitution.
“By producing the victims and suspects before the media, the police not only violate the fundamental rights of the suspect as enshrined under Article 21 of the Constitution of India but also encourage media trials,” Justice G.S. Ahluwalia noted while hearing a petition on Monday.
The court observed that although the general public was entitled to know about the progress of an investigation, producing suspects or victims before the media had no foundation under any statutory provision of the law, including the Code of Criminal Procedure.
“Even if a person is a hardcore criminal, his details/history sheet/surveillance have to be kept discreet and there is no question of posting the photographs of history sheeters even at police stations,” the Justice observed.
The court was examining whether the State government, through an executive order, could violate the privacy of an accused by publishing his photograph in the media or by parading him.
It noted that the police, instead of “tapping its own back” by disclosing the identity of the suspected persons in print, social or digital media, must concentrate on ensuring the timely appearance of the police witnesses before the Trial Court, so that the guilt of a person could be established.
