Case Note & Summary
The Bombay High Court at Goa took suo motu cognizance of a news report published in the daily 'Tarun Bharat' on 30th August 2019, which reported the arrest of a couple for allegedly abandoning their newborn third male child. The news report included a photograph showing police officials, including Respondent No.3 (Police Inspector Kapil Nayak) and Respondent No.4 (Police Sub Inspector Amin Naik), posing with the accused mother who was kneeling before them. The court observed that the photograph conjured images of hunters posing with their trophy and was humiliating to the accused. The court issued notices to the respondents and passed interim orders to ensure proper care and protection of the allegedly abandoned child and the two other minor children of the accused couple, aged four and six years, who might have been left abandoned due to the arrest of their parents. The court directed the registry to treat the news report as a Suo Motu Public Interest Litigation. The matter was reserved for judgment on 26th September 2019 and pronounced on 5th November 2019.
Headnote
A) Public Interest Litigation - Suo Motu Cognizance - Newspaper Report - Court took suo motu cognizance of a news report and photograph showing police officials posing with an accused mother in a humiliating manner, treating her as a 'trophy' - Held that such conduct violates the dignity of the accused and requires guidelines to prevent recurrence (Paras 2-4). B) Protection of Children - Abandoned Children - Interim Orders - Court issued interim directions to ensure care and protection of the allegedly abandoned newborn and the two other minor children of the accused couple, who were left unattended due to the arrest - Held that the welfare of children is paramount (Para 4).
Issue of Consideration
Whether the police officials acted in violation of the rights and dignity of the accused by posing with the accused mother in a humiliating manner and whether adequate measures were taken for the protection of the minor children of the accused couple.
Final Decision
The court took suo motu cognizance, issued notices to respondents, and passed interim orders for protection of the children. The judgment was reserved and pronounced on 5th November 2019.
Law Points
- Suo Motu Public Interest Litigation
- Police misconduct
- Protection of children
- Right to privacy
- Dignity of accused
- Guidelines for arrest and media
