[Breaking] SC To Hear Tomorrow UP Govt's Challenge Against Allahabad HC Order Directing Removal Of 'Name & Shame' Posters

LIVELAW NEWS NETWORK

11 March 2020 12:42 PM GMT

  • [Breaking] SC To Hear Tomorrow UP Govts Challenge Against Allahabad HC Order Directing Removal Of Name & Shame Posters

    A vacation bench of Supreme Court will consider tomorrow the Special Leave Petition filed by the State of Uttar Pradesh against the March 6 judgment of Allahabad High Court which directed the forthwith removal of the banners erected by the UP administration in Lucknow revealing the pictures, identities and addresses of persons alleged of committing violence during anti-CAA protests.A...

    A vacation bench of Supreme Court will consider tomorrow the Special Leave Petition filed by the State of Uttar Pradesh against the March 6 judgment of Allahabad High Court which directed the forthwith removal of the banners erected by the UP administration in Lucknow revealing the pictures, identities and addresses of persons alleged of committing violence during anti-CAA protests.

    A bench comprising Justices U U Lalit and Aniruddha Bose will consider the petition.

    The Allahabad HC had taken suo moto cognizance of the issue and held a special sitting on Sunday, March 8, to hear the matter. On Monday, March 9, a division bench comprising Chief Justice Govind Mathur and Justice Ramesh Sinha directed the removal of the hoardings, after holding that the action of the State amounted to an "unwarranted infringement in privacy".

    In the judgment, the Court observed :

    "In entirety, we are having no doubt that the action of the State which is subject matter of this public interest litigation is nothing but an unwarranted interference in privacy of people. The same hence, is in violation of Article 21 of the Constitution of India".

    Rejecting the opposition put up by the Advocate General to the Court taking suo moto action, the judgment stated :

    "where there is gross negligence on part of public authorities and government, where the law is disobeyed and the public is put to suffering and where the precious values of the constitution are subjected to injuries, a constitutional court can very well take notice of that at its own. The Court in such matters is not required to wait necessarily for a person to come before it to ring the bell of justice. The Courts are meant to impart justice and no court can shut its eyes if a public unjust is happening just before it".

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