'Serious Concern': High Court Summons Chandigarh DGP In Case Where Cops Allegedly Leaked Viral Video Of Lawyer, Violated Privacy

Expressing "serious concern about the functioning of the Chandigarh Police", the Punjab & Haryana High Court has summoned the Director-General of Police (DGP) Chandigarh in plea seeking removal of video of a lawyer from social media, allegedly leaked by Police Officials.In a viral video, Prakash Singh Marwah, an advocate by profession, was seen arguing with the traffic police after he was stopped for hanging a cloth on his number plate. He claimed that he was a Judicial Magistrate and fled away. Singh was arrested for posing as a Judge and later released on bail.Justice Kuldeep Tiwari said, "...when despite specific directions passed by this Court, a totally vague and silent reply has been furnished before this Court, especially when the case at hand involves serious concern regarding functioning of the Chandigarh Police, therefore, this Court deems it appropriate to direct the Director General of Police, Chandigarh, to cause his personal appearance before this Court on 22.05.2025, at 10:00 a.m."The plea was filed by Marwa for seeking directions by directing the intermediary social media platforms to remove the viral video featuring him petitioner and to make the content non-searchable by 'de-indexing' and 'dereferencing' in their listed search results, including concerned all webpages. sub-pages.It was contended that leaking of the video by the Police officials is violative of right to privacy guaranteed under Article 21.In the previous hearing the Court had asked the Counsel for the UT, Chandigarh, is to file a response by way of an affidavit of the Senior Superintendent of Police, specifically "(i) as to who is the person/official/officer responsible for uploading the videographed contents in question on social media platforms; (ii) in case, the said contents have been uploaded by the police official who was on duty, whether, such act has been done in pursuance of performance of his official duty; (iii) whether, any guidelines have been issued by the authority concerned to deal with such scenerio or not."Perusing the reply, in the present hearing, the Court found that, "the reply is totally vague and does not embody answers to the queries...of this Court."Justice Tiwari added that, "Strangely enough, as of today, the Senior Superintendent of Police, could not lay hands on any material as to who had uploaded the video clip in question on social media platform(s), rather a lame stand has been taken before this Court that, the said video clip was circulated by Constable Yogesh in the official whatsapp group and now, they are in the process of ascertaining the source of leakage."Even if for the sake of arguments, the stand is considered, yet the reply does not disclose as to in which capacity and under which official guidelines/ instructions, an official whatsapp group has been created, especially when sensitive information with regard to investigation is being uploaded therein and accepted as part of practice by the Chandigarh Police, added the Court.It remarked that, the issue "raises serious concern about the functioning of the Chandigarh Police."The Court also noted that the UT counsel responding to bench's query told that "the mobile of Constable Yogesh has been confiscated and sent for forensic examination."The matter is listed for May 22, for further considered. Mr. Pratham Sethi, Advocate for the petitioner.Mr. Dheeraj Jain, Advocate for the respondent No.1- U.O.I.Mr. Sanjiv Ghai, Addl. P.P., U.T. Chandigarh.Mr. Akshay Makhija, Sr. Advocate (Through V.C.) with Mr. Chandandeep Singh, AdvocateMr. Abhishek Kumar, Advocate andMs. Aditi, Advocate for the respondent No.8.Title: PRAKASH SINGH MARWAH V/S UNION OF INDIA AND OTHERSClick here to read/download the order

'Serious Concern': High Court Summons Chandigarh DGP In Case Where Cops Allegedly Leaked Viral Video Of Lawyer, Violated Privacy

Aiman J. Chishti

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