SC refers UP govt's plea in hoardings removal case to a larger bench

New Delhi [India], Mar 12 (ANI): Referring the matter to a larger bench, the Supreme Court on Thursday did not interfere with the Allahabad High Court's order for the removal of hoardings carrying names, addresses, and photographs of those who were accused of violence during anti-CAA protests in Uttar Pradesh.
"Considering the nature of the matter and the issue of significance involved therein, in our view, the matter be placed before a bench of at least three judges as early as possible and preferably in the week commencing March 16," a two-judge bench of the apex court, headed by Justice Uday Umesh Lalit said in its order.
"We, therefore, direct that let papers be placed by the registry before the Chief Justice of India immediately so that a Bench of sufficient strength can be constituted by the CJI in the coming week to hear and consider the controversy involved in the matter," the apex court observed in its order on Thursday.
Liberty is granted to those individuals whose names and pictures appeared in the hoardings to implead themselves in the present proceedings, the Supreme Court said.
It further stated that if such applications for the impleadment are filed, the Registry is directed to list the applications along with the main matter.
Solicitor General Tushar Mehta, who represented the Uttar Pradesh government, said that the right to privacy has several dimensions.
Mehta further submitted to the Supreme Court that the Allahabad High Court had erred in passing the order directing the government to remove the hoardings.
He further stated that if a person, wielding gun during a protest and allegedly involved in violence, cannot claim the right to privacy.
There is no law that can back your action, the apex court said.
SC questioned the way the Uttar Pradesh government had taken the "drastic" step of putting up names and photographs of alleged arsonists through hoardings and said that it can understand the anxiety of the state but there is perhaps no law to back its decision.
Abhishek Manu Singhvi, a senior lawyer appearing for accused SR Darapuri, noted that his client is a 1972 batch IPS officer and retired as an IGP.
"Where is our system of naming and shaming a person of accused," Singhvi stated. He added that on December 30, Darapuri was asked to reply to the notice sent to him by the authorities. And on January 10, he replied to them.
This is a sub judice case and the matter is going on in the court, said Singhvi.
Singhvi later cited an example and said that please take the case of child rapists and that of murderers. Since when and how do we have in this country a policy to name and shame them, Singhvi said, adding that if such a policy exists, then a man walking on the streets or roads may be lynched.
Senior lawyer, Colin Gonsalves, appearing for another accused Mohammad Shoaib, stated that "this is the grossest form of violation which I am facing now. Someone can come to my home and kill me."
"It is the grossest form of violation of my human rights," Gonsalves submitted to the Supreme Court, adding that it is an open invitation to the public to "lynch me."
The hoardings included pictures of Shia cleric Maulana Saif Abbas, former IPS officer Darapuri and Congress leader Sadaf Jafar, all of whom were named as accused in the violence that swept the state capital on December 19 last year. (ANI)