In a strong reminder that arrest does not erase dignity, the Rajasthan High Court has stepped in against what it described as a disturbing police practice of publicly shaming accused persons. Hearing a criminal writ petition from Jaisalmer, the court questioned the legality and humanity of circulating photographs of arrested individuals including women on social media and in newspapers before any trial.
Background of the Case
The petition was filed by ten residents of Basanpeer Juni village in Jaisalmer district, who alleged that police officials routinely force arrested persons to sit outside police stations, take their photographs, and then circulate those images widely.
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According to the petitioners, this practice went beyond mere documentation. In some cases, accused persons were allegedly made to sit in humiliating positions, partially undressed, while photographs were taken. These images were then shared on social media platforms and published in local newspapers, portraying them as criminals even before a court could examine the allegations.
The petition also highlighted photographs showing several women including unmarried young girls seated at the entrance of a police station. Their images, the petition claimed, were circulated without restraint, causing social stigma and reputational harm.
What the Court Observed
Justice Farjand Ali, who heard the matter, expressed deep concern over the allegations. The court stressed that under Indian law, an accused person remains innocent until proven guilty.
“The constitutional presumption of innocence remains intact unless displaced by a finding of guilt recorded after a fair trial,” the bench observed, adding that publicly portraying an accused as a criminal strikes at the core of the rule of law.
The court underlined that Article 21 of the Constitution does not stop at physical survival. It protects the right to live with dignity, honour, and self-respect.
“The right to dignity does not evaporate upon arrest,” the judge noted.
Justice Ali described the alleged acts forcing arrestees to sit on the ground, partially stripping them, photographing them in degrading conditions, and circulating those images as “institutional humiliation” and a direct assault on human dignity.
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Impact on Women and Society
The court paid particular attention to the impact such practices have on women. Once photographs enter the public domain, the court noted, the damage is often permanent.
“In the case of unmarried women, the consequences can be devastating,” the order said, pointing to harm to marriage prospects, social acceptance, and mental well-being. Even acquittal at a later stage cannot undo the stigma, the court observed.
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The bench made it clear that neither the Code of Criminal Procedure nor the Bharatiya Nagarik Suraksha Sanhita gives police any authority to indulge in such conduct.
Advocate’s Arrest Cited in Court
During the hearing, advocate Devkinandan Vyas sought permission to assist the court, drawing attention to a recent newspaper report. The report described the arrest of a practising advocate in Jodhpur, whose photograph was taken outside a police station and made viral.
Taking judicial notice of the report, the court said such acts raise serious concerns about the protection of fundamental rights and cannot be brushed aside as isolated incidents.
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Court’s Directions
Issuing interim directions, the High Court ordered the Superintendent of Police, Jaisalmer, to ensure immediate deletion and removal of photographs of arrested persons from web portals, social media handles, and other platforms, if uploaded by or on behalf of the police.
The Commissioner of Police, Jodhpur, was specifically directed to remove photographs of advocate Mohan Singh Ratnu from all platforms within 24 hours and report compliance to the court.
The court also directed the Additional Advocate General to file a response and asked the Superintendent of Police, Jaisalmer, to submit an affidavit addressing the allegations. Advocate Devkinandan Vyas was formally appointed as amicus curiae, and the matter was listed for further hearing on January 28, 2026.
Case Title: Islam Khan & Others v. State of Rajasthan & Others
Case Number: S.B. Criminal Writ Petition No. 224/2026
Date of Order: January 20, 2026
