Allahabad High Court Orders Removal of Posters Bearing Names and Photos of Anti-CAA Protesters

Allahabad, March 9, 2020:

In the aftermath of the violent protests against the Citizenship (Amendment) Act, the Allahabad High Court on Monday ordered the removal of all posters and banners put up by UP police in Lucknow publishing the names and photos of persons accused of violence during protests.

In its judgment, the Court stated that the posters are "unwarranted interference in privacy of people" and hence violative of Article 21 of the Constitution."

The Court also directed the District Magistrate and Police Commissioner submit compliance report with Registrar General of High Court by March 16.

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Taking suo moto cognizance of the news reports of banners and posters in the capital city, a division bench comprising Chief Justice Govind Mathur and Justice Ramesh Sinha decided to hold a special sitting on March 8(Sunday) at 10 AM.

During the hearing on Sunday, the court had orally observed that "good sense should prevail on the State and it should remove the hoardings and apprise the court about this at 3 PM".

In the judgment passed today, the Court observed :

"where there is gross negligence on part of public authorities and government, where the law is disobeyed and the public is put to suffering and where the precious values of the constitution are subjected to injuries, a constitutional court can very well take notice of that at its own. The Court in such matters is not required to wait necessarily for a person to come before it to ring the bell of justice. The Courts are meant to impart justice and no court can shut its eyes if a public unjust is happening just before it".

The Court further added: "we do not find any necessity for a democratic society for a legitimate aim to have publication of personal data and identity. The accused persons are the accused from whom some compensation is to be recovered and in no manner they are fugitive. Learned Advocate General also failed to satisfy us as to why placement of the banners is necessary for a democratic society for a legitimate aim."

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