Punjab & Haryana HC Directs Framing of Guidelines on Police Uploads of Photos, Videos to Social Media

Punjab & Haryana HC Directs Framing of Guidelines on Police Uploads of Photos, Videos to Social Media

The Punjab and Haryana High Court has directed the Director General of Police (DGP), Union Territory of Chandigarh, to formulate comprehensive guidelines governing the uploading of videos or photographs by police personnel—captured during the course of their official duties—on social media platforms.

Justice Kuldeep Tiwari, while issuing the directive, emphasized the need to safeguard the interests of all stakeholders. “Guidelines are essential to ensure that such uploads do not prejudice the investigating agency, the victim, or the accused,” the Court said.

The High Court granted a three-month period from the date of its order for the DGP to issue the necessary directions.

The order was passed in response to a petition filed by advocate Prakash Singh Marwah, who was booked by Chandigarh Police in 2023 for allegedly impersonating a judicial magistrate after being stopped by traffic police. A video of the incident was widely circulated on social media.

Marwah approached the High Court claiming that the viral video violated his fundamental right to dignity and privacy. He further contended that the video’s publication contravened Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and sought its removal.

In reply, Chandigarh Police informed the Court that an inquiry had been initiated to identify the individual responsible for uploading the video. Authorities also stated that social media platforms were instructed to remove the content.

The Court recorded that the mobile phone of Constable Yogesh—allegedly the source of the recording—would be confiscated for forensic examination. Additionally, the Senior Superintendent of Police (Traffic) had issued directions prohibiting the posting of any photographs or videos related to enforcement or challaning activities on social media.

Taking note of these developments, the Court observed, “Since the Police Authorities are actively pursuing the removal of the video from all social media platforms, no further directions are required in the present matter.”

Advocates Pratham Sethi and Kritima Sareen represented the petitioner.
The Union of India was represented by Additional Solicitor General Satya Pal Jain along with Advocate Dheeraj Jain.
Senior Advocate Amit Jhanji (Senior Standing Counsel), along with Advocates Hakikat Singh Grewal and Sahil Shehrawat, appeared for the Union Territory of Chandigarh.

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