Names Of Persons Declared As Absconding Accused Can Be Published On Social Media: Punjab And Haryana HC

OVERVIEW

“There is no harm in the publishing of the names of persons declared as absconding accused (as are statutory allowed to be published vide Punjab Police Rules, 1934), in the social media,” stated Punjab & Haryana High Court.

• Previously in a similar order, Punjab and Haryana HC had made it clear that the entry of the name of any offender in the surveillance register, which is otherwise a 'secretly maintained document', is to meet with certain parameters, including specific approval by the SSP/SP in certain circumstances and by a DSP in other circumstances, then naturally, "posting of pictures and information of any offender on the social media network, is not at all sanctionable by law and may possibly in fact amount to a criminal offence."

• Court also asked the Directors-General of Police (DGP) of Punjab, Haryana and UT Chandigarh to lay down as to whether the surveillance registers are being continuously reviewed.

• The Bench was hearing the plea of a person who stated before the Court that he was guiltless in 2 criminal cases which was registered against him in the year 1989, nearly more than 30 years ago; however, his name still appeared in the surveillance register showing him to as a immoral character.

COURT’S OBSERVATION

The Bench while keeping in mind the relevant provisions of the Punjab Police Rules, with respect to measures that can be taken by the police to try and capture persons who are absconding (whether by way of any declaration by the court or by way of warrants etc. having been issued but with them not having been traced despite such warrants issued).

• Further it was stated that, naturally the statutory provisions of the Punjab Police Rules, 1934 would be adhered to by the two States and the U.T., Chandigarh; stating that absconders/persons who are not being arrested despite warrants for their arrest having been issued,

• The Court also recalled that Since in the year 1934 when the Punjab Police Rules were propagated, there was no internet and accordingly the only social media available at that stage would have been newspapers and magazines etc., this court would see no harm in extending the publishing of the names of such persons in the social media as is now available via the internet.

• However, the Court also focussed on the directions issued in Malak Singh and others vs. States of Punjab and Haryana and others, it was further clarified that as regards entries and continuation of names of "accused persons" in the surveillance registers maintained in police stations would be complied strictly by the two States and the U.T., Chandigarh, as they are assured to do.

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