PANJIM: The High Court of Bombay at Goa has reprimanded the Goa Police for disclosing the identity of a mother, charged with abandoning her newborn, by allowing displaying of a photograph in a vernacular newspaper.
The division bench of Justices Mahesh Sonak and Nutan Sardessai has taken suo-motu cognizance of the news article that appeared on the vernacular newspaper along with the photograph on August 30. The matter was pertaining to the arrest of a couple who allegedly abandoned their new born third child at Mapusa.
“The news item reports that the couple has been arrested and the investigations are being carried out in the incident. We do not propose to make any observation with regard to the arrest as well as the investigation. The law, may take its own course, in these matters. However, what we are concerned with, is the photograph in the news item in which, the police officials, are posing along with the mother, as if the police officials, are displaying some trophy,” the bench observed.
“The photograph conjures image of some Maharaja/hunters posing with their trophy after a hunt. At least prima facie, such action on the part of the police officials, who are seen in the picture, may amount to human rights violation of the mother in the picture.”
Citing violation of the fundamental rights on the manner in which the alleged accused mother was paraded before the media, the court has issued notices to the government seeking reply within two weeks.
“The presumption of innocence, is one of the cornerstones of our criminal jurisprudence. Similarly, the right to privacy as well as dignity is now fundamental rights guaranteed by Article 21 of the Constitution of India. At least prima facie, the action of the police officials, in virtually parading the mother before the media, may amount to rendering such fundamental rights of the mother, a casualty,” it said.
In particular, the Chief Secretary and the Director General of Police are directed to place on record whether any rules or guidelines are in place in the matter of police officials interacting with media in pending investigations in general and posing for photographs along with persons accused of having committed any offences.
Police Inspector Kapil Nayak and Police Sub Inspector Amin Naik are also granted opportunity to file their response in the matter, since, they prominently figure in the photograph, along with other police personnel.
On the welfare of three children, including the new born; the court has noted that proper steps need to be taken to secure and protect these children while directing the government to make suitable arrangement for them.
“We are concerned that they are not left abandoned, on account of arrest of their parents. The State and its agencies have to make suitable arrangements to take care of such minor children, if such arrangement has not already been made,” the court further asked the Director of Directorate of Women and Child Department to examine and file an affidavit on this aspect. With Advocate General Devidas Pangam to assist the High Court on the suo-motu, the matter is now adjourned to September 13.
