UP hoardings case: SC refers matter to larger bench

While referring the matter to a larger bench, the Supreme Court on Thursday did not interfere with the Allahabad High Court's order for removal of hoardings depicting names, addresses, and photographs of those who were accused of violence during anti-CAA protests in Uttar Pradesh.

The vacation bench of the top court further observed that the matter be placed for detailed hearing before a three-judge bench.

Solicitor General, Tushar Mehta, represented the Uttar Pradesh government. The right to privacy has several dimensions, as far as K Puttaswamy judgement is concerned, Mehta said, opposing the plea of the accused persons that their right to privacy is violated as their names and address are put up in hoardings and banners.

Mehta further submitted to the Supreme Court that the Allahabad High Court had erred in passing the order directing it to remove hoarding. He further stated that if a person, wielding gun during a protest and allegedly involved in violence, cannot claim the right to privacy.

There is no law which can back your action, the apex court said.

SC observed and questioned the way the Uttar Pradesh government had taken this "drastic" step of putting names and photographs of alleged arsonists through hoardings, and said, it can understand the anxiety of the state but there is perhaps no law to back its decision.

Abhishek Manu Singhvi, senior lawyer appearing for accused SR Darapuri, noted that his client is a 1972 batch IPS officer and retired as an IGP.

"Where is our system of naming and shaming a person of accused," Singhvi stated. He added that on December 30, Darapuri was asked to reply to the notice sent to him by the authorities. And on January 10, he replied to them.

This is a sub judice case and the matter is going on in court, Singhvi said.

Singhvi later cited an example and said that please take the case of child rapists and murderers cases.

Since when and how do we have in this country a policy to name and shame them, Singhvi said and added that if such a policy exist, a man walking in the streets or roads may be lynched.

Senior lawyer, Colin Gonsalves, appearing for another accused Mohammad Shoaib, stated that this is the grossest form of violation which I am facing now.

Somebody can come to my home and kill me, Gonsalves said.

"It is the grossest form of violation of my human rights," Colin Gonsalves submitted to the Supreme Court and added that it is an open invitation to the public to lynch me.

The hoardings included pictures of Shia cleric Maulana Saif Abbas, former IPS officer SR Darapuri and Congress leader Sadaf Jafar, all of whom were named as accused in the violence that swept the state capital on December 19 last year.