[2026:RJ-JD:17927]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 224/2026

1. Islam Khan S/o Shri Ajeej Khan, Aged About 31 Years, R/

o.basanpeer Juni, Jaisalmer, Rajasthan.

2. Bay Khan S/o Shri Kabal Khan, Aged About 33 Years, R/obasanpeer Juni, Jaisalmer, Rajasthan.

3. Subhan Khan S/o Shri Sadak Khan, Aged About 71 Years, R/obasanpeer Juni, Bhagu Ka Gaon, Jaisalmer, Rajasthan.

4. Rane Khan S/o Shri Jangi Khan, Aged About 60 Years, R/o Basanpeerjuni, Jaisalmer, Rajasthan.

5. Basir Khan S/o Shri Lukaman Khan, Aged About 28 Years, R/o Basanpeer Juni, Jaisalmer, Rajasthan.

6. Jakar Khan S/o Shri Bhage Khan Khan, Aged About 29 Years, R/o Basanpeer Juni, Jaisalmer, Rajasthan.

7. Hasiyat W/o Shri Gulam Khan, Aged About 55 Years, R/o Basanpeer Juni, Jaisalmer, Rajasthan.

8. Tija W/o Shri Adat Khan, Aged About 37 Years, R/o Basanpeer Juni,jaisalmer, Rajasthan.

9. Hura W/o Shri Ramjan Khan, Aged About 31 Years, R/o Basanpeer Juni, Jaisalmer, Rajasthan.

10. Jama D/o Nure Khan, Aged About 25 Years, R/o Basanpeer Juni,jaisalmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Secretary, Department Ofhome, Govt. Of Rajasthan, Jaipur.

2. Director General Of Police, Rajasthan, Jaipur.

3. Inspector General Of Police, Range Jodhpur, District-

Jodhpur.

4. Superintendent Of Police, Jaisalmer, District- Jaisalmer. 5. Sho, Police Station-Sadar Jaisalmer, District- Jaisalmer.

6. Sho, Police Station-Kotwali Jaisalmer, District- Jaisalmer.

7. Investigation Officer, First Information Report No-

75/2025 Police Station-Sadar Jaisalmer, District-

Jaisalmer.

8. Bagaru Ram Station House Officer (Sho), Police Station-

Sadarjaisalmer, District- Jaisalmer Rajasthan.

----Respondents For Petitioner(s) : Mr. Rajjak Khan Mr. Sarwar Khan For Respondent(s) : Mr. Deepak Chaudhary, AAG assisted by Mr. N.S. Chandawat, AGA Amicus Curiae : Mr. Devkinandan Vyas Mr. Yogendra Singh Charan HON'BLE MR. JUSTICE FARJAND ALI

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 offi