'Violates Privacy Rights': Kerala HC Admits Plea Against Kerala Police Video Trolls In Its Official FB Page

The Kerala High Court has admitted a writ petition filed by a man against a Troll Video posted by Kerala Police in its official Facebook Page.

Sreejith Raveendran, a daily wage worker, was arrested on the allegation that he shared a video on social media with the intention to instigate communal riots. The visuals of arrest were featured in the video accompanied by a Tamil song beginning "vara vara poochandi rail vandiyile". By filing a writ petition before the High Court, he contended that this action of the police violates his fundamental right to privacy and is also in violation of guidelines issued under the provisions of the Kerala Police Act, 2011.He further contended that he has been targeted deliberately, with malafide intentions, on account of his caste and his ideological and political leaning. He has also sought a compensation of Rupees Ten Lakhs from the Police.

When the matter came up for admission earlier, Justice PV Asha had sought explanation from the police. On Wednesday, when the case came up for further consideration, the Director General of Prosecution submitted that the video has been removed from the Facebook.

Sreejith further contends that making and publishing a video revealing his identity r during his arrest, declaring him guilty of the offence alleged, and ridiculing him, Kerala police defamed him. "A law enforcement agency should not participate in electoral politics or ideological debate happening in the society. The Police machinery should not only be neutral but should appear to be neutral. Police should not indulge in any activity that will result in the public losing faith in the law and order machinery. In the race for more 'views', 'likes' and 'shares' on social media, Kerala police ought not to have lost its objectivity and become violators of law.", he states in the writ petition.

As there is no provision in the Code of Criminal Procedure, 1973 empowering Police to even publish a photograph of an accused who is not an absconder, yet alone make a video besmirching his reputation, the police cannot claim that their actions come under reasonable restrictions that can be imposed on fundamental right to privacy, he contends in the writ petition filed through Advocate Arjun Venugopal.

The writ petition, which has been admitted, is posted after two months.