Hoardings CAA protesters: SC says no law to support UP govt action, doesn’t pass interim order

Hoardings of CAA protesters: SC says no law to support UP govt action, doesn’t pass interim order

The Supreme Court Thursday refused to pass an interim order on the posters erected by the Uttar Pradesh government with personal details of those booked for protesting against the Citizenship (Amendment) Act in Lucknow. A vacation bench of Justices Aniruddha Bose and UU Lalit said Chief Justice of India S A Bobde would constitute a three-judge bench next week to examine the matter. It directed parties to immediately place before the Registry papers related to the case.

During the hearing, the bench said the matter was of “great importance”, but, while there was no doubt the rioters should be punished, there were no laws to support the government’s action of putting up posters.

During the hearing, the state government argued that those whose pictures were put up were found to be rioters by an adjudicating authority, and had already waived their right to privacy due to their conduct in public. “Suppose the media shows two persons who are wielding guns in the public, they can’t claim their right is infringed. They have waived their privacy,” Solicitor General Tushar Mehta, who appeared for the UP government, said.

To this, Justice Lalit observed that it was different when the state waives one’s right to privacy. “The question here is whether the state had a right to blame individuals and put up posters with their faces,” he said.

Justice Bose, meanwhile, said: “State can do everything which is empowered by law. Where is that right?”

Tushar Mehta also cited a ruling of the United Kingdom Supreme Court on interference with privacy rights in Article 8 of the European Convention of Human Rights.

Meanwhile, senior advocate A M Singhvi, who appeared for a former IPs officer, told the court that an individual’s actions were different from the state. “The state is making a putative declaration that though he is accused, he has done something against the nation,” he said, adding that “it increases chances of lynching”.

The state had moved the apex court challenging a March 9 order by the Allahabad High Court directing it to remove the posters. It had pulled up the government, saying its action was an “unwarranted interference in the privacy of people”, a “shameless depiction” and that “placement of personal data of selected persons reflects colorable exercise of powers by the Executive”.

Among those shown in the posters were leading activists, including Congress leader Sadaf Jafar, Rihai Manch founder Mohammad Shoaib and Deepak Kabir, prominent Shia cleric Kalbe Sadiq’s son Kalbe Sibtain Noori, and retired IPS officer and activist S R Darapuri.

Source: The Indian Express

LEAVE A REPLY

Please enter your comment!
Please enter your name here