The Supreme Court on Thursday (March 12) told the Uttar Pradesh government that there is now law to back its action of putting up hoardings in different parts of Lucknow naming those accused of violence during anti-Citizenship Amendment Act protests in the city on December 19, 2019.
The top court, however, did not pass any order and said the matter would be heard by a three-judge bench next week. “We will refer the matter to a 3-judge bench which will be heard in the regular sitting the coming next week”, the bench said. The SC bench requested the Chief Justice S A Bobde to recommend the matter to a larger bench soon.
While hearing a petition by the Yogi Adityanath government, a vacation bench of Justices U U Lalit and Aniruddha Bose asked Solicitor General Tushar Mehta, who represented Uttar Pradesh government in the apex court, whether the state government has the power to put such posters. The SC, however, said that the state government has full authority to take action against rioters and punish them.
SG Mehta told the court that removing the hoardings is not a big issue as they were put up as a “deterrent”. “The decision is well within the contours of law . The contours are laid down sufficiently,” he added. SG Mehta also argued that a person wielding guns during protest cannot claim right to privacy.
Senior Counsel Abhishek Manu Singhvi, who appeared for retired IPS officer Darapuri who is also an accused in the case, said that since when is it allowed in India to name and shame accused persons. Singhvi stressed that even in cases of extreme and severe offences, naming and shaming is not allowed.
“Since when do we have in this country – that we can name and shame alleged rapists ? Alleged accused? He is liable to be lynched in such a scenario,” Singhvi said.
Another lawyer Colin Gonsalves, appearing for accused Mohammad Shoaib, stated that this is the grossest form of violation which I (Shoiab) am facing now. He added that somebody can come to my home and kill me.
On Monday (March 9), the High Court had ordered Lucknow’s District Magistrate and Police Commissioner to remove the ‘name-and-shame’ hoardings with immediate effect. The HC had also ordered the concerned officials to submit its report on the matter by March 16.
“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 time should behave in manner that upholds constitutional and democratic values,” the Hiigh Court had said in its judgment.