Police cannot subject arrested persons to public humiliation, "perp walks," or social media condemnation, as such acts constitute unauthorized extra-legal punishment, violate the presumption of innocence, and infringe upon the right to live with dignity under Article 21 of the Constitution.

Order

REPORTABLE DATE OF CONCLUSION OF ARGUMENTS : 05/02/2026 DATE ON WHICH ORDER IS RESERVED : 05/02/2026 FULL ORDER OR OPERATIVE PART : Full Order DATE OF PRONOUNCEMENT : 05/05/2026 BY THE COURT:-

If all parts of something are replaced over time, is it still the same thing? GRIEVANCE

1. The instant criminal writ petition, instituted under Article 226 of the Constitution of India, To be referred as “COI”., has been preferred by the petitioners ventilating a grave grievance against the actions of the police authorities. The petitioners seek issuance of appropriate directions restraining the respondent authorities from uploading or

1 Ship of Theseus also known as Theseus's Paradox.

disseminating the photographs of the petitioners/accused persons on social media platforms, and from subjecting them to a “social trial” in the public domain.

1.1 It is contended that such acts on the part of the authorities not only prejudice the fair trial of the petitioners but also amount to an unwarranted intrusion upon their fundamental rights, particularly the right to life and personal liberty, the right to privacy, and the right to a fair and impartial trial, as guaranteed under the COI FACTS OF THE CASE

2. The brief facts, shorn of unnecessary details, are that an FIR bearing No. 75/2025 dated 10.07.2025 came to be registered at the instance of Respondent No. 8 in relation to an incident arising out of public protest at village Basanpeer Juni, District Jaisalmer, during proceedings undertaken by the Executive Magistrate. The petitioners have been arrayed as accused and subjected to proceedings under Sections 170 and 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023, To be referred as “BNSS”.

2.1 The gravamen of the grievance of the petitioners is that, subsequent to their arrest, they were subjected to humiliating and degrading treatment by the police authorities, including being made to sit in undignified conditions and being photographed and videographed. It is further averred that such images and videos were uploaded and widely circulated on official social media platforms of the police, thereby exposing the petitioners to an impermissible “social trial”, causing grave prejudice to their dignity, reputation and right to fair trial. The petitioners assert that such actions, being devoid of any statutory sanction or prescribed procedure, are ex facie arbitrary and violative of their fundamental rights guaranteed under Articles 14, 21 and 22 of the COI. Aggrieved by this, the petitioners have approached this Court.

SUBMISSIONS BY THE PETITIONERS

3. Learned counsel appearing on behalf of the petitioners submitted that the impugned acts of publicly parading arrested persons and disseminating their images on official social media platforms are in direct contravention of Article 11 of the Universal Declaration of Human Rights, 1948 and violate the fundamental rights guaranteed under Articles 14, 21 and 22 of the COI. It was contended that such actions amount to arbitrary, unlawful and extra-judicial punishment, undermining the presumption of innocence, dignity and right to a fair trial. The respondents, by assuming the role of adjudicators, have acted beyond statutory authority under the Code of Criminal Procedure, 1973, To be referred as CrPC. (now BNSS), thereby eroding the rule of law. It was further submitted that these practices inflict irreversible stigma and humiliation, contrary to both constitutional mandates and established human rights principles.

SUBMISSIONS BY THE AMICUS CURIAE

4. Shri Devkinandan Vyas, Amicus Curiae has also submitted his preliminary submissions along with the copy of SOP dated 21.01.2026, newspaper reports and statistical reports. He submitted that the present writ petition raises a serious and systemic issue concerning violation of the fundamental right to life with dignity under Article 21 of COI, arising from the recurring practice of police authorities publicly humiliating arrested persons by parading them, disrobing