The Rajasthan High Court has deprecated the practice of police authorities publicly parading arrested persons, subjecting them to humiliating treatment, and disseminating their photographs and videos on social media platforms, terming such acts as institutional humiliation, extra-legal punishment, and a gross violation of fundamental rights under Articles 14, 21, and 22 of the Constitution of India. Justice Farjand Ali, in the judgment dated 05.05.2026 in S.B. Criminal Writ Petition No. 224/2026 titled Islam Khan and Ors. versus State of Rajasthan and Ors., observed that these actions undermine the presumption of innocence, erode the right to life with dignity, and prejudice the right to a fair trial, striking at the core of constitutional morality and the rule of law.
The petitioners, arrayed as accused in FIR No. 75/2025 registered at PS Sadar, Jaisalmer, alleged that after their arrest in connection with a protest incident, they were made to sit in undignified conditions, photographed, and videographed, with such material widely circulated on official police social media platforms, exposing them to a “social trial” and irreversible stigma. The Court took serious note of the grievance, including allegations involving women, and issued interim directions for removal of such content. In compliance, the Superintendent of Police, Jaisalmer, and the Commissioner of Police, Jodhpur, filed affidavits and reports detailing removal of photographs and issuance of instructions/SOPs prohibiting such practices.
The Court extensively examined the constitutional framework, emphasizing that an accused is merely alleged to have committed an offence and remains entitled to dignity, privacy, and fair trial protections even after arrest. It highlighted that the power to investigate does not extend to declaring guilt or imposing punishment through public humiliation or media exposure. Drawing on the Ship of Theseus paradox, the Court observed that such institutional humiliation inflicts permanent psychological scars that persist even upon acquittal, impeding the individual’s cognitive and emotional evolution. It underscored that practices like public parading, disrobing, or circulating degrading images amount to extra-judicial punishment without statutory sanction under the BNSS or other laws, and are incompatible with constitutional morality, separation of powers, and the transformative ideals of the Constitution.
The Court appreciated the SOP issued by the Additional DGP, Crime Branch, Rajasthan dated 21.01.2026 and the circular by the Police Commissioner, Jodhpur dated 22.01.2026, which prohibit public humiliation, sharing of photos/videos on social media or with press, and mandate humane treatment, especially for vulnerable groups. However, it stressed the need for strict enforcement and institutional accountability. The Court clarified that while freedom of speech and press under Article 19(1)(a) is valuable, it must yield to the right to fair trial and dignity when prejudiced by police-driven media trials. Reliance was placed on various Supreme Court precedents emphasizing reputation as part of Article 21, prohibition of self-incrimination, and safeguards against custodial abuse.
In conclusion, the Court issued binding directions to prevent recurrence: strict adherence to SOPs with accountability for violations; prohibition on public parading or degrading treatment of persons with unblemished records; declaration that police-orchestrated social media condemnation constitutes unsanctioned punishment; mandatory display of guidelines at police stations and on official portals; and scrupulous respect for basic human rights of every arrestee and complainant. The writ petition was accordingly disposed of with these observations and directions.
Case Details:
Title: Islam Khan and Ors. Versus State of Rajasthan and Ors.
Citation: 2026:RJ-JD:17927
Case No.: S.B. Criminal Writ Petition No. 224/2026
Coram: Justice Farjand Ali
Date of Judgment: 05.05.2026 (Arguments concluded and reserved on 05.02.2026)
Click HERE for full Judgment.
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