Court pulls up UP: Pull down posters naming protesters

PRAYAGRAJ: The Uttar Pradesh government’s action of erecting hoardings with pictures and addresses of people alleged to have taken part in protests against the Citizenship (Amendment) Act, or CAA, is an infringement of privacy, the Allahabad high court ruled on Monday, ordering the immediate removal of such hoardings.

Privacy is an intrinsic part of right to life and liberty under Article 21 of the Constitution of India, and the actions of the state government amount to an unwarranted interference into it, a bench of chief justice Govind Mathur and justice Ramesh Sinha ruled.

“…we are having no doubt that the action of the State which is subject matter of this public interest litigation is nothing but an unwarranted interference in privacy of people. The same hence, is in violation of Article 21 of the Constitution of India,” the court held.

The court, which added that there was no law which entitles the state to resort to such an action, directed the Lucknow district magistrate (DM) Abhishek Prakash and Lucknow’s police commissioner Sujeet Pandey to remove the banners erected at various places in the state capital.

The DM was directed to submit a compliance report in the court on or before March 16, and the proceedings will stand closed when it is filed.

The court also took a strong view of the state government’s argument that the matter should not have been taken up suo motu by way of a public interest litigation. “Courts are meant to impart justice and no court can shut its eyes if a public unjust is happening just before it,” the order said.

The court further observed that the accused persons were not fugitives, and there was no necessity in a democratic society to publish personal data and identity of the accused, especially when the state government has already sought recovery of compensation from such people.

Samajwadi Party leader Akhilesh Yadav and Bahujan Samaj Party’s Mayawati welcomed the court order.

“The government neither has the knowledge of right to privacy of citizens nor any respect for the Constitution. The people of the state are fed up with this government,” Akhilesh Yadav said.

Congress state president Ajay Kumar Lallu said the court’s decision has “exposed” the undemocratic and anti-Constitution stand of the government led by chief minister Yogi Adityanath. Mrityunjay Kumar, the media adviser to the CM, said the order should be understood in the correct perspective.