WPIL(A)_532_2020
WPIL(A)_532_2020
WPIL(A)_532_2020
3:00 pm
AFR
banners. The banners came up at a major road side with personal details
of more than 50 persons those accused of vandalism during protest in the
month of December, 2019. The poster is seeking compensation from the
accused persons and further to confiscate their property, if they failed to
pay compensation.
The installation of banners was reported in several newspapers,
television and internet channels on 6th and 7th of March, 2020. Noticing
injury to the right of privacy, the Chief Justice of this Court directed the
Registry to register a petition for writ in public interest and list that before
the Bench nominated. By an advance notice, the Commissioner of Police,
Lucknow and District Magistrate, Lucknow were called upon to explain
the provisions under which the banners were placed on road side. An
explanation was also sought about the provisions relating to placement of
any banner on road side that causes interference in movement of traffic in
crowded areas. Accordingly, the Commissioner of Police and District
Magistrate, Lucknow are before us through the Advocate General of the
State.
Learned Advocate General while accepting absence of any statute
permitting executive authorities to put such banners, opposed the petition
with all vehemence with following submissions:-
(i) The Court erred in invoking public interest jurisdiction in the
instant matter, that being available to under privileged section of the
society only. The persons whose personal details are given in the banners
are capable enough to agitate their grievance, if any, at their own.
(ii) The cause in the instant matter, if any, that arose at Lucknow,
therefore, the petition at Allahabad lacks territorial jurisdiction.
(iii) The cognizance of any issue that is to be adjudicated in public
interest litigation jurisdiction could have been taken by a Division Bench
and not by a single Bench as taken in the instant matter.
(iv) The object of displaying personal details of the individuals is to
deter the mischief mongers from causing damage to public and private
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property. Such bonafide action taken by the State must not be interfered
by the Court in its public interest litigation jurisdiction.
In the present case, the cause is not about personal injury caused to
the persons whose personal details are given in the banner but the injury
caused to the precious constitutional value and its shameless depiction by
the administration. The cause as such is undemocratic functioning of
government agencies which are supposed to treat all members of public
with respect and courtesy and at all time should behave in manner that
upholds constitutional and democratic values. It would also be appropriate
to state that the United Nations also under its Resolution No.58/4 dated
31st October, 2003 desired such conduct from public officials. Pertinent to
note that the government agencies in the State of Uttar Pradesh have
proposed to install the banners of accused persons in other cities also
where the protest took place and compensation is claimed against alleged
damage to public property. The proposed installation of banners in the
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stations.
and that our Constitution does not in terms confer any like
constitutional guarantee. Nevertheless, these extracts would
show that an unauthorised intrusion into a person's home and
the disturbance caused to him thereby, is as it were the
violation of a common law right of a man-an ultimate essential
of ordered liberty, if not of the very concept of civilisation. An
English Common Law maxim asserts that "every man's house
is his castle" and in Semayne's case (1604) 5 Coke 91, where
this was applied, it was stated that "the house of everyone is to
him as his castle and fortress as well as for his defence against
injury and violence as for his repose". We are not unmindful of
the fact that Semayne's case was concerned with the law
relating to executions in England, but the passage extracted
has a validity quite apart from the context of the particular
decision. It embodies an abiding principle which transcends
mere protection of property rights and expounds a concept of
"personal liberty" which does not rest on any element of
feudalism or on any theory of freedom which has ceased to be
of value.
14. Subba Rao J. (as the learned Judge then was) in his
minority opinion also came to the conclusion that right to
privacy was a part of Article 21 of the Constitution but went a
step further and struck down Regulation 236 as a whole on the
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following reasoning:
Puttaswamy and others Vs. Union of India and others reported in AIR
2017 SC 4161 affirmed the constitutional right to privacy. It declared
privacy an intrinsic component of Part III of Constitution of India that
lays down our fundamental rights relating to equality, freedom of speech
and expression, freedom of movement and protection of life and personal
liberty. These fundamental rights cannot be given or taken away by law
and laws. All the executive actions must abide by them. The Supreme
Court has however, clarified that like most other fundamental rights the
right to privacy is not “absolute right”. A persons privacy interests can be
overridden by compounding state and individual interests subject to
satisfaction to certain tests and bench marks. The nine Judges Bench
noticed certain tests and bench marks, which are liability, legitimate goal,
proportionately and procedural guarantees.
The third test is that there should be rational nexus between the
object and means adopted to achieve them and further that how the extent
of interference is proportionate to its need. The object as disclosed to us is
only to deter the people from participating in illegal activities. On asking,
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v/s
ORDER
Digitally signed by :-
PUNEET SRIVASTAVA
High Court of Judicature at Allahabad