DGP summoned over Chandigarh Police’s ‘vague’ stand on viral video leak
The Punjab and Haryana High Court today asked UT Director General of Police (DGP) to appear in person on May 22 after holding that the reply submitted by the SSP failed to answer pointed queries regarding the uploading of a sensitive video on social media.
Taking strong exception to the vague response filed on affidavit by SSP Kanwardeep Kaur, Justice Kuldeep Tiwari asserted: “A survey of the reply coaxes this court to record that the reply is totally vague and does not embody answers to the queries...”.
The matter pertains to the uploading of a videographed incident, recorded by a police official on duty, on various social media platforms. The petitioner contended that the act infringed upon the right to privacy and dignity and also violated provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The petitioner was, as such, seeking a direction against intermediary platforms for removal of the offending content.
Referring to the earlier directions issued on April 3, Justice Tiwari asserted that the SSP was asked to clarify who uploaded the video; whether it was done in performance of official duty; and on existence of guidelines on such actions.
The Bench asserted that the reply filed in the matter stated that the video clip had been circulated by Constable Yogesh in an official WhatsApp group and that the source of the leak was still being traced.
Justice Tiwari observed: “Strangely enough, as of today, the SSP 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.”
The Bench also took exception to the use of WhatsApp groups by the Chandigarh Police for sharing sensitive investigation material. “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(s) is being uploaded therein and accepted as part of practice by the Chandigarh Police,” Justice Tiwari noted.
The Bench added that the issue raised “serious concern about the functioning of the Chandigarh Police”.
Further compounding the matter, the Additional Public Prosecutor, when asked whether Constable Yogesh’s mobile phone had been confiscated and sent for forensic analysis, admitted that it had not been done. “This court posed another specific query... to which the latter answered in negative,” the Bench recorded.
“Despite specific directions passed by this court, a totally vague and silent reply has been furnished, especially when the case at hand involves serious concern regarding functioning of the Chandigarh Police. Therefore, the court deems it appropriate to direct the DGP to cause his personal appearance on May 22 at 10 am,” Justice Kuldeep Tiwari ordered.
The court made it clear that no request for adjournment would be entertained.
