Displaying names of accused without proclamation violates human dignity: Allahabad HC

The Allahabad high court on Friday held that the practice of putting names of the accused on the flysheet board at police stations without issuance of proclamation is derogatory to the concept of human dignity and privacy enshrined under Article 21 (protection of life and personal liberty) of the Constitution.

The court directed the state police chief to forthwith remove the names of top 10 criminals along with their criminal antecedents from the flysheet board from all the police stations.

“The action of police officers in disclosing the identity of criminals in police stations in public gaze is absolutely unwarranted and uncalled for as being violative of Article 21 of the Constitution,” court observed.

The court also directed the state police department to ensure that a circular is sent to all the police heads of the districts so as to ensure strict compliance.

The court also clarified that the benefit of its judgment will not be given to any “claimed offenders and fugitives in law.”

“It is apparent that neither socially nor politically it is desirable to curtail human dignity, which is infringed when names of the accused persons are displayed on the flysheet board of the police station concerned or anywhere else without there being any proclamation issued against them under section 82 of Criminal Procedure Code. Thus, this practice of putting the names on the flysheet board is derogatory to the concept of human dignity and privacy,” court observed.

The bench comprising Justices Pankaj Naqvi and Justice Vivek Agarwal passed the order while allowing three petitions filed by Jeeshan alias Jaanu, Balveer Singh Yadav and Doodh Nath Yadav.

According to a Times of India report, the three petitioners were aggrieved by the publication of their names in the list of top 10 criminals displayed at various police stations at districts of Prayagraj and Kanpur Nagar. They also contended that it was because of political vendetta that the police authorities published their names in criminal list.