In a writ petition filed before the Rajasthan High Court, wherein photographs, allegedly taken by the police authorities, depicting several individuals, including women, a Single Judge Bench of Justice Farjand Ali condemned the alleged acts and directed the immediate removal of the said photographs, among other directions.
The petitioner alleged that whenever a person is arrested, the police authorities compel such an arrestee to sit at the entrance or in front of the police station. Thereafter, their coloured photographs are taken and widely circulated in newspapers and on social media platforms. It was also alleged that in certain instances, the arrestees are forced to strip themselves and made to sit in a humiliating state before taking photographs.
The Court stated that an accused is only an accused, not a convict, and that the constitutional presumption of innocence remains intact unless displaced by guilt recorded after a trial. It was said that the right to dignity does not evaporate upon arrest and that even a person accused of an offence continues to be clothed with basic human rights. The Court stated that forcing an arrestee to sit on the floor, stripping, or partially disrobing such a person, photographing them in a degrading condition, and circulating such images amounts to institutional humiliation as well as a direct assault on human dignity.
It was mentioned that once such photographs are released into the digital and public domain, the stigma attaches permanently, and that the Constitution does not countenance such irreversible injury at the hands of the State. The Court held the alleged acts were arbitrary, illegal, and reflective of unbridled caprice, which are unbecoming of a disciplined force entrusted with the protection of citizens’ rights. The Court observed that, being a sentinel and guardian of constitutional liberties, any infringement of fundamental rights cannot be tolerated.
Further, the Court held that compelling arrestees to strip and remain in undergarments while being confined in cells is also inhuman, degrading, and violative of the bare minimum human rights guaranteed to every individual.
The Court issued notice to the respondents and directed the Superintendent of Police, Jaisalmer, to file an affidavit. The Superintendent was also directed to make the necessary arrangements to ensure the immediate deletion of photographs of the arrested persons. The Court also directed the Commissioner of Police, Jodhpur, to remove the photographs of an accused advocate from all web portals and to ensure compliance within 24 hours.
Lastly, the Court directed the filing of a detailed reply to demonstrate that adequate, effective, and institutional safeguards are in place to prevent such incidents from recurring in the jurisdiction of the Police Commissionerate, Jodhpur.
The matter has now been listed on 28-01-2026.
Appearances:
For Petitioners – Mr. Sawar Khan, Mr. Rajak Khan, Mr. Devkinandan Vyas
For Respondents – Mr. Deepak Choudhary (AAG), Mr. SR Choudhary (PP)
