2018 Supreme(AP) 340
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. NAGARJUNA REDDY, GUDISEVA SHYAM PRASAD, JJ.
Kavati Sagar - Petitioner
Versus
The State of Andhra - Respondents
Writ Petition No.18144 of 2018
Decided On : 17-07-2018
For the Petitioner: Sri Kona Vijay Kumar.
For the Respondents: Sri C.S. Suryaprakasha Rao, Spl. Government Pleader (A.P.)
Headnote:
Detention – This writ petition is filed for issue of Habeas Corpus directing respondents to produce Smt. Kavati Alimelu, w/o. late Adinarayana – Held, Question of illegal custody being a disputed fact, it is neither feasible nor appropriate to adjudicate the same by this Court in this writ petition – Said question needs to be decided based on the evidence adduced by both the parties – Court refrain from undertaking any enquiry into the said aspect. Instead, the alleged detenu is given liberty to avail the Common Law remedies available to her for appropriate relief – writ petition Closed (Paras 18, 19)
C.V. NAGARJUNA REDDY, J.
1. This writ petition is filed for issue of Habeas Corpus directing the respondents to produce Smt. Kavati Alimelu, w/o. late Adinarayana (for brevity the alleged detenu), R/o. H.No.7/72, Ward No.8, Near Epurupalem By-Pass, Adinarayanapuram, Eepurupalem Mandal, Prakasam District, Andhra Pradesh State.
2. When this Court went through the pleadings and the material on record, it has found to its consternation that the alleged detenu was produced before the Press, which has published photograph of a woman standing behind the police, who were seen sitting on the front row. Our conscience having been deeply disturbed looking at the photograph, we passed the following order on 19.06.2018:
3. Petitioner, who is the son of the alleged detenue - Kavati Alivelu, has filed an affidavit wherein he has inter alia stated that one Madhava Reddy (wrongly described as Deputy Inspector of Police in the affidavit instead of Deputy Superintendent of Police), who is working under respondent Nos.1, 3 and 4, conducted a press meeting at Srisailam and produced the alleged detenue, paraded her before the media, made reckless allegations and allowed the press to take group photos.
4. The learned Counsel for the petitioner has filed two photographs published in the newspaper showing a woman standing behind the Police hanging her head. Our conscience is deeply disturbed on looking at these photographs as we prima facie feel that the Police have no right to violate the personal dignity of any citizen, be it an accused or a convict. The right to privacy having been recognized as a fundamental right, we are of the prima facie opinion that the Police have no authority whatsoever to parade the suspects in public and allow the press to publish their photographs and electronic channels to telecast such an event.
5. The Director General of Police, Andhra Pradesh, is directed to file his personal affidavit as to under what authority his subordinates have been parading the suspects or accused in public.
6. On 03.07.2018, the Director General of Police (A.P.) has filed his affidavit along with a Circular dated 28.06.2018 purporting to take remedial steps. Not being satisfied with the same, this Court has passed the following order on 03.07.2018.
7. The Director General of Police (DGP) has filed an affidavit wherein he has termed presentation of the arrested persons before the media as a matter of practice and not uncommon for police officials to get photographed with the display of recovered property. The DGP, nevertheless, referred to the Circular dated 28.06.2018 directing all Superintendents of Police, Commissioners of Police, Range D.Is.G/I.G. etc., to strictly ensure that local police officials desist from the practice of showing the accused before media and that in any major crimes, if the accused are presented before the media, then their faces shall be covered by putting a mask in order to avoid their identification.
8. This Circular dated 28.06.2018 enclosed with the counter affidavit refers to a three-Judge Bench of the Supreme Court objecting to the investigating agencies showing the accused persons before the media as it is an affront to the person and dignity of the accused who is presumed innocent until such accused is convicted of the crime.
9. Having taken notice of the judgment of the Supreme Court which is the Law of the land, the Circular, however, surprisingly deviates from the said law and permits the presentation of the accused before the media in major crimes by masking their faces. Learned Assistant Government Pleader was unable to explain this incongruity but he has, however, requested for an adjournment for taking steps in consonance with the law declared by the Supreme Court and file an affidavit of the DGP in this regard.
10. After the case was adjourned last, Mr. R.P. Thakur, who is the present Director General of Police, Andhra Pradesh, has filed his personal affidavit, wherein he has stated that the Circular date