Punjab & Haryana High Court Directs Framing Of Guidelines On Circulation Of Video & Photographs Made By Police Officials On Duty

The Punjab & Haryana High Court has directed the Director General of Police to frame certain guidelines with regard to circulation of any video / photographs captured, or made by police officials, while performing their official duty, on the social platforms.

The Court was considering Writ Petition seeking a mandamus to be passed upon intermediary social media platforms, to remove the offending contents, as uploaded on different social media sites involving a video uploaded by Police Officials related to an incident involving the Petitioner.

The single bench of Justice Kuldeep Tiwari observed, "In view of the fact that, the Police Authorities itself is taking all steps for deletion of the video from all social media platforms, therefore at this stage, no further direction is required to be passed in the instant matter. However, this Court has passed a direction upon Director General of Police, Chandigarh, concerned, to frame certain guidelines with regard to circulation of any video / photographs captured, or made by police officials, while performing their official duty, on the social platforms, so as to ensure that the same may not cause prejudice, either to the Investigating Agency, to the victim or accused. Such directions / instructions be issued within three months from passing of this order."

The Petitioner was represented by Advocate Pratham Sethi while the Respondent was represented by Additional Solicitor General of India Satya Pal Jain.

The incident involved, was stated to be videographed by the Police Official, who was on official duty, and thereupon, the same was uploaded on various social media platforms. It was alleged that this act caused infringement upon the right of the Petitioner to live with dignity, and right to privacy, and was also violative of Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

It was submitted that the Senior Superintendent of Police concerned, has ordered an enquiry into the incident, and marked the same to the SDPO/ South, and now the efforts are being made to find out the real person, who has in fact, uploaded the video on the social media platform. 

The Court took note of the same, however it went on seek general guidelines to avoid such incidents for such acts have potential to prejudice the whole investigation.

Cause Title: Prakash Singh Marwah vs. Union of India and others (2025:PHHC:075131)

Appearances:

Petitioner- Advocate Pratham Sethi, Advocate Kritima Sareen

Respondent- Additional Solicitor General of India Satya Pal Jain, Advocate Dheeraj Jain, Senior Standing Counsel Amit Jhanji, Advocate Hakikat Singh Grewal, Advocate Sahil Shehrawat

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