Police Stations/ Prisons Can't Be Used For Press Briefings By Any Political Party Or NGO: Meghalaya High Court

The Meghalaya High Court has observed that Police Stations/ Prisons cannot be used for press briefings by any political party or NGO other than the police department.

The said directions were passed in a writ petition filed by the Meghalaya High Court Bar Association (HCBA) seeking action on certain members of Hynniewtrep National Youth Foundation (HNYF) who allegedly apprehended an advocate from his chambers, physically assaulted and publicly paraded him, before handing him to the Sadar Police Station. The HNYF also gave interviews regarding the incident inside the police station premises.

The incident followed allegations made by a female intern that the advocate had molested her after calling her into a separate room on the pretext of collecting case files. 

The division bench of Chief Justice Revati Mohite Dere and Justice W Diengdoh noted:

"Since, there was a press briefing given by non-State actors within the precincts of the police station, the Superintendent of Police has issued a standing departmental prohibition upon press briefings by non-State actors within the limits of police premises. We expect that the Director General of Police, Meghalaya also issues such a direction or standing orders to all Police Stations, so as to ensure that Police Stations/Prisons cannot be used for press briefing by any political parties/NGOs, etc., other than the police". 

The matter subsequently triggered action from the Shillong Bar Association, which issued a show-cause notice to the accused advocate and suspended him. The Association also condemned the action taken by non-state actors (HNYF). 

Thereafter, a representation was made by the Meghalaya High Court Bar Association (HCBA) seeking action against the alleged parading and physical assault of the accused advocate. The HCBA claimed that despite having a statutory obligation to take action, the State Authorities have failed to take any action. He claimed that no FIR has been filed against said non-state actors. 

HCBA relied on the case of Tehseen Poonawalla v Union of India, claiming that the State is obligated to take preventive, remedial and punitive measures against non-state actors. 

The Advocate General appearing for the State assured the court that appropriate steps would be taken at the earliest and sought time to place an affidavit detailing the measures undertaken.

In the meantime, the High Court directed the police to seize the footage. 

At the subsequent hearing, the court recorded that an FIR had been registered against alleged members of the HNYF and four persons had been arrested. The court was also informed that the accused advocate was sent for medical examination and that the digital footage of covering Keating Road to Sadar Police Station was collected and preserved. 

The Advocate General sought additional time to file an affidavit in accordance with directions issued by the Supreme Court in Tehseen (supra). 

The Superintendent of Police further issued a standing departmental prohibition against press briefings by non-state actors within police premises. 

The Court also expanded the scope of proceedings by directing the Bar Council of Meghalaya and Bar Council of India to be impleaded as parties, to enable the authorities to respond to concerns of safety and dignity of practising women advocates and interns. 

"Considering the larger issue, we deem it appropriate to direct the petitioners to implead the Bar Council of Meghalaya as well as the Bar Council of India, as party respondents so as to enable them to place their respective responses, in terms of addressing the safety and dignity of practicing women Advocates/girl interns in various courts. The said impleadment to be done during the course of the day".

Case Title: High Court of Meghalaya Bar Association v State of Meghalaya

For Petitioners: Senior Advocate K Paul with Advocates S Dey and K Ch Gautam

For Respondent: Advocate General A Kumar with Senior Government Advocate NG Shylla and Government Advocates Atiar S Dey and JN Rynjah

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