Karnataka high court to cops: No photo of accused without magistrate’s orders

Bengaluru: In the movies we often come across scenes of people accused of any crime holding a slate in which the details regarding their name, age, gender and the police station concerned are mentioned.

However as per the law, the police cannot insist for such photographs without the orders of a District Magistrate, Sub-Divisional Magistrate or a Magistrate of the First Class.

Recently, one such case surfaced before the Karnataka High Court wherein a woman accused had alleged that the police were insisting on taking her photograph with a slate.

In her petition, Vani (name changed) had sought for directions to Indiranagar police to accept the bail bond furnished by her with surety, and not insist for her photograph with a slate being taken. She had also prayed the court for directions to destroy the finger impressions obtained illegally by the police.

During the hearing, her advocate had referred to the order dated July 12, passed by the 4th Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH 21), in which it imposed certain conditions for grant of bail.

The condition imposed include that she shall produce her Aadhaar card in support of her identity. “However, she is forced by the police to take her photograph with the slate, which is impermissible,” the advocate argued.

When the additional government advocate submitted that suitable action in terms of the order passed by the trial court in this case shall be taken, the High Court disposed her plea with direction to the Indiranagar police not to insist the petitioner to take her photograph with a slate and to accept the Aadhaar card, which may be produced by the accused as identity proof along with one surety.