Skip to main content
Sabrang
Sabrang
Rule of Law

No law to back your actions: SC to UP govt. defending ‘name and shame’ posters

The SC has not put a stay on the Allahabad HC order, but has referred the matter to a larger constitution bench

Sabrangindia 12 Mar 2020

UP Police

On Thursday, in the matter of the hoardings put up by the Uttar Pradesh government of the alleged anti-Citizenship Amendment Act protestors demanding compensation for damage to property, the Supreme Court said there was no law to support that the government could put up such hoardings with the names, photographs and addresses of such persons.

A vacation bench of the Allahabad High Court was hearing a special leave petition filed by the Uttar Pradesh government against the Allahabad HC’s order to remove the hoardings that were put up to ‘name and shame’ the alleged protestors in Lucknow.

While the court refused to stay the order currently, it has referred the matter to a three-judge regular bench.

A bench comprising Justices UU Lalit and Aniruddha Bose said that the matter involves “issues which need further consideration by a bench of sufficient strength,” reported Live Law. "The wrong-doer must be brought to book. But can the state go beyond that?" Justice UU Lalit observed, asking if the state government has the power to put up such hoardings. "State can do things permitted by law. Where is the State's power to do this?" Justice Lalit added, "As of now, there is no law that can back your actions."

Appearing for the UP government, Solicitor General (SG) Tushar Mehta the hoardings bearing the names of 57 people who were alleged rioters were put up after following processes of law and especially put up as a deterrent. He also argued that once a person had been videographed to be indulging in violent activities in public places, he cannot claim protection of right to privacy.

The bench of the Justices asked the SG if the perpetrators could be “castigated for all times”, while noting that the time for payment was still available for accused persons and their petitions challenging the recovery proceedings were still pending.

Appearing for former IPS officer SR Darapuri whose name was published on the hoardings said that the action of the government amounted to an “appeal for lynching”, pointing out that the names of rapists or serious criminals were never published publicly by the government. “We don’t have an anarchy in the state that the government will start doing this,” he said.

Senior Adovcate Colin Gonsalves, appearing for Rihai Manch lawyer Mohammad Shoaib said that his client had faced assaults in the past for taking up the causes of minorities and could possibly be lynched post the publication of his name and address in the banners.

Senior Advocate CU Singh said that the UP government was following a vindictive approach. He said, “The source of such power to put up hoardings must emanate from a law, not from guidelines or executive orders.”

The Allahabad HC had then taken suo motu cognizance of the matter on March 9 while ordering the government to take them down and calling the government’s action a “shameless and unwarranted interference in privacy.” The HC had also said that the government’s move was in violation of Article 21 of the Constitution of India.

The HC judgement read, “In the present case, the cause is not about personal injury caused to the persons whose personal details are given in the banner but the injury caused to the precious constitutional value and its shameless depiction by the administration. The cause as such is undemocratic functioning of government agencies which are supposed to treat all members of public with respect and courtesy and at all times should behave in manner that upholds constitutional and democratic values.”


Related:

UP govt caused “unwarranted interference in privacy”, says HC

UP police go door-to-door; puts up hoardings of alleged anti-CAA protesters in town

No law to back your actions: SC to UP govt. defending ‘name and shame’ posters

The SC has not put a stay on the Allahabad HC order, but has referred the matter to a larger constitution bench

UP Police

On Thursday, in the matter of the hoardings put up by the Uttar Pradesh government of the alleged anti-Citizenship Amendment Act protestors demanding compensation for damage to property, the Supreme Court said there was no law to support that the government could put up such hoardings with the names, photographs and addresses of such persons.

A vacation bench of the Allahabad High Court was hearing a special leave petition filed by the Uttar Pradesh government against the Allahabad HC’s order to remove the hoardings that were put up to ‘name and shame’ the alleged protestors in Lucknow.

While the court refused to stay the order currently, it has referred the matter to a three-judge regular bench.

A bench comprising Justices UU Lalit and Aniruddha Bose said that the matter involves “issues which need further consideration by a bench of sufficient strength,” reported Live Law. "The wrong-doer must be brought to book. But can the state go beyond that?" Justice UU Lalit observed, asking if the state government has the power to put up such hoardings. "State can do things permitted by law. Where is the State's power to do this?" Justice Lalit added, "As of now, there is no law that can back your actions."

Appearing for the UP government, Solicitor General (SG) Tushar Mehta the hoardings bearing the names of 57 people who were alleged rioters were put up after following processes of law and especially put up as a deterrent. He also argued that once a person had been videographed to be indulging in violent activities in public places, he cannot claim protection of right to privacy.

The bench of the Justices asked the SG if the perpetrators could be “castigated for all times”, while noting that the time for payment was still available for accused persons and their petitions challenging the recovery proceedings were still pending.

Appearing for former IPS officer SR Darapuri whose name was published on the hoardings said that the action of the government amounted to an “appeal for lynching”, pointing out that the names of rapists or serious criminals were never published publicly by the government. “We don’t have an anarchy in the state that the government will start doing this,” he said.

Senior Adovcate Colin Gonsalves, appearing for Rihai Manch lawyer Mohammad Shoaib said that his client had faced assaults in the past for taking up the causes of minorities and could possibly be lynched post the publication of his name and address in the banners.

Senior Advocate CU Singh said that the UP government was following a vindictive approach. He said, “The source of such power to put up hoardings must emanate from a law, not from guidelines or executive orders.”

The Allahabad HC had then taken suo motu cognizance of the matter on March 9 while ordering the government to take them down and calling the government’s action a “shameless and unwarranted interference in privacy.” The HC had also said that the government’s move was in violation of Article 21 of the Constitution of India.

The HC judgement read, “In the present case, the cause is not about personal injury caused to the persons whose personal details are given in the banner but the injury caused to the precious constitutional value and its shameless depiction by the administration. The cause as such is undemocratic functioning of government agencies which are supposed to treat all members of public with respect and courtesy and at all times should behave in manner that upholds constitutional and democratic values.”


Related:

UP govt caused “unwarranted interference in privacy”, says HC

UP police go door-to-door; puts up hoardings of alleged anti-CAA protesters in town

Related Articles

Communalism

Saffron Bigotry threatens Muslim existence in India

Brazen mobilizations by hate driven outfits, unchecked by law enforcement and the state have generated fear in the Muslim community, a fear that has turned inwards into more restrictions for Muslim women

Communalism

Saffron Bigotry threatens Muslim existence in India

Brazen mobilizations by hate driven outfits, unchecked by law enforcement and the state have generated fear in the Muslim community, a fear that has turned inwards into more restrictions for Muslim women


Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Videos

Communalism

Bastar violence: Anti-Christian Campaign causes breach in Adivasi unity

Hundreds of Adivasi church-goers across villages in Narayanpur and Bastar, Chhattisgarh have been experiencing boycott, intimidation and violence since December last year, forcing them to leave their homes and live in refugee camps. Reportedly, Adivasi districts across Madhya Pradesh and Chattisgarh is seeing a rise Hindutva mobilisation against Christians .

Communalism

Bastar violence: Anti-Christian Campaign causes breach in Adivasi unity

Hundreds of Adivasi church-goers across villages in Narayanpur and Bastar, Chhattisgarh have been experiencing boycott, intimidation and violence since December last year, forcing them to leave their homes and live in refugee camps. Reportedly, Adivasi districts across Madhya Pradesh and Chattisgarh is seeing a rise Hindutva mobilisation against Christians .

IN FACT

Analysis

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Archives