'Displaying Accused List Affects Their Rights'

Published: 28th November 2015 03:37 AM  |   Last Updated: 28th November 2015 03:37 AM   |  A+A-

MADURAI:  Dismissing a writ petition seeking to display the list of arrested persons in all the offices of the Superintendent of Police, the Madras High Court Bench in Madurai on Friday observed that it amounts to infringing on their rights.

“If the arrested person seeks protection of right to privacy, displaying his/her details would be infringing on his/her rights,” said Justice V Ramasubramanian.

In his petition, advocate C M Paulraj of Chandayankuzhi in Kanyakumari sought to direct the state home secretary and the Director General of Police to display the list of arrested persons on the notice boards in the SP offices following D K Basu guidelines of the SC.

Narrating a case of illegal detention at the Marthandam police station, the advocate claimed that the police arrested one Shajin on May 1, 2014, but produced him before a local court only after two days. He claimed that they kept him in illegal custody for two days, which is a clear violation of the Apex Court order.

Citing the guidelines, he said, “A police control room should be provided in all district and state headquarters to which information regarding the arrest and the place of the custody of the arrestee shall be communicated by the officer effecting the arrest within 12 hours,” he said adding that it should be prominently displayed on the notice board in the police control room.

The petitioner also requested the court to direct the respondents to upload the details of the arrested persons on the Tamil Nadu  police website.  Justice Ramasubramanian said that the specialised police units are already updating the details of the arrestees in the official websites. Citing the same D K Basu guidelines, he said the accused’s right to privacy should be protected.

Pointing out the advancement in the European countries, the judge noted that those nations have evolved a concept - “Right to be Forgotten”  wherein the individuals’ desire to determine the development of their lives without being perpetually or periodically stigmatised is respected.

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