Chandigarh: In an important ruling, the Punjab and Haryana High Court has directed the Director General of Police (DGP), Union Territory of Chandigarh, to formulate guidelines within three months to regulate the uploading of videos or photographs captured by police officials during their official duties on social media platforms.
In an order delivered on 29 May, uploaded on the HC website on Saturday, the court emphasised that such guidelines are crucial to preventing prejudice against the investigating agency, the victims, or the accused.
Justice Kuldeep Tiwari, while disposing of a petition filed by lawyer Prakash Singh Marwah, observed, “Such directions/instructions be issued within three months from passing of this order.” The ruling came in response to Marwah’s plea alleging that a video of an incident involving him, which was uploaded on social media, violated his right to privacy and dignity under Article 21 of the Constitution of India, as well as Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Marwah, a resident of Sector 51-A, Chandigarh, had moved the court after a video of his confrontation with traffic police went viral.
The incident led to the registration of FIR No. 26 on 19 May, 2024, at Sector 49 Police Station, Chandigarh, under Sections 170 (personating as public servant), 186 (obstructing a public servant in discharge of duty), and 419 (cheating) of the Indian Penal Code (IPC), with Section 201 (causing disappearance of evidence) added later.
Marwah sought a writ of mandamus to direct social media platforms to remove the offending content.
A writ of mandamus is a judicial order directing a public official or authority to carry out a specific act or duty that they are legally required to perform.
During the hearing, the Chandigarh Police informed the court that an inquiry, led by the Sub-Divisional Police Officer (SDPO), South, was underway to identify the individual responsible for uploading the video.
The police also confirmed that requests had been sent to social media agencies to remove the content, with five URLs already deleted as of 17 May, 2025, and two out of seven additional URLs removed by Google LLC as of 19 May, 2025.
Further, the mobile phone of Constable Yogesh, who recorded the video, is set to be confiscated for forensic examination.
The court was also informed that the senior superintendent of police (SSP), traffic, had issued strict instructions prohibiting the uploading of any photographs or videos related to challaning or enforcement activities on platforms like WhatsApp, Facebook, Instagram, or X.
Noting the proactive steps taken by the police, Justice Tiwari remarked, “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.” The court also recorded that the investigation into the FIR had been concluded, and a final report had been filed.
The petitioner was represented by advocates Pratham Sethi and Kritima Sareen. Additional Solicitor General Satya Pal Jain, along with advocate Dheeraj Jain, appeared for the Union of India, while Senior Advocate Amit Jhanji, Senior Standing Counsel, with advocates Hakikat Singh Grewal and Sahil Shehrawat, represented the Union Territory of Chandigarh.
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What the FIR says
The FIR, lodged by Assistant Sub-Inspector (ASI) Ajit Singh of the Traffic Wing, details an incident that occurred on 18 May, 2024, at around 6.45 pm near the Sector 45/46/49/50 chowk in Chandigarh.
According to the FIR accessed by The Print, ASI Singh, accompanied by Constable Yogesh, observed a white Scorpio car with an obscured front number plate.
When signalled to stop, the driver, identified as Prakash Singh Marwah, did not halt immediately but crossed a zebra crossing before stopping.
Constable Yogesh began recording a video of the interaction. When asked for his driving license, Marwah allegedly refused to comply and claimed to be a Judicial Magistrate First Class (JMIC), displaying a logo of “Judge” on his car’s front glass.
The FIR alleges that Marwah behaved rudely, obstructed the police in their duties, and fled the scene at high speed, endangering the officers. The incident was reported to the police helpline, and subsequent inquiries revealed that Marwah was not a judicial officer, leading to charges under Sections 170, 186 and 419 of the IPC.
(Edited by Zinnia Ray Chaudhuri)