WWW.LIVELAW.

IN

1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. _________ OF 2019
(A Writ Petition under Article 32 of Constitution of India)
IN THE MATTER OF:

STATUS OF PARTIES

Youth Bar Association of India … Petitioner

Through its National President –
Sanpreet Singh Ajmani,
S/o. S. Bhupendra Singh,
B-3, Basement Jangpura Ext.
New Delhi-110014
VERSUS

1. Union of India, Through

Secretary, Department of Home,
North Block, Central Secretariat,
New Delhi, Delhi.110001

2. Ministry of law and Justice,

Through Secretary,4th floor, A-
Wing, Shastri Bhawan, New
Delhi -110001

3. Supreme Court of India, Through

its Secretary General,Bhagwan
Das Raod, New Delhi 110001

4. Ministry of Information and

Broadcasting, Through its
Secretary, A Wing Shastri
Bhawan, New Delhi - 110001
 WWW.LIVELAW.IN

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5. Press Trust of India, PTI ..Respondents.
Building, 4 Sanshad Marg¸ New
Delhi – 110001

A WRIT PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT,
ORDER OR DIRECTION FOR FRAMING GUIDELINES
TO PROTECT THE IDENTITY, REPUTATION AND
INTEGRITY OF INDIVIDUAL/S ALLEGEDLY ACCUSED
OF SEXUAL OFFENCES, TILL COMPLETION OF THE
INVESTIGATION WITH REGARD TO THE
TRUTHFULNESS OF SUCH ALLEGATIONS.

To
The Hon’ble Chief Justice of India
And his companion Judges of the
Supreme Court of India at New Delhi
The humble Petition of the
Petitioner above-named.

MOST RESPECTFULLY SHOWETH:

1. The present petition under Article 32 of Constitution of

India is being filed by the ‘Youth Bar Association of

India’ in nature of public interest litigation for issuance

of writ, order or direction for framing guidelines to

protect the identity, reputation and integrity of

 WWW.LIVELAW.IN

3
individual/s allegedly accused of sexual offences, till

completion of the investigation with regard to the

truthfulness of such allegations.

1A. That the petitioner is an association registered under

Society Registration Act, 1860 bearing registration no.

24/2013-2014 dated 14.05.2013 titled as ‘YOUTH BAR

ASSOCIATION OF INDIA’ having Registration Address as

2nd Floor, Savitri City Center, Jail Road, Chauraha,

Haldwani, District- Nainital, Uttarakhand and postal

address as B-3 Basement Jangpura Ext. New Delhi

-110014, Email:youthbarassociationofindia@gmail.com,

Phone number: 011-49874243. Registration certificate of

the petitioner association has been filed. Present petition

has been filed through its national president Sanpreet

Singh Ajmani, S/o. S. Bhupendra Singh,B-3, Basement

Jangpura Ext. New Delhi-110014and an authority letter

has been granted to him on behalf the society. Authority

Letter granted to Sanpreet Singh Ajmani on behalf of

society and PAN card bearing no. AJHPA3210E has also

been filed.

1B. That since the matter pertains to good governance and

the infringement of Right to live with dignity as

guaranteed under Article 21 of the Constitution of India,

the petitioner is constrained to invoke the jurisdiction of

this Hon’ble Court conferred under Article 32 of the

 4
Constitution Of India and as such the present Writ

Petition is maintainable.

2. That this is the first Writ-Petition being filed by the

petitioners and no other Writ-Petition has been filed by

him in this Hon’ble Court arising out of same or similar

cause of action. The cause of action for filing the present

petition accrued to the petitioner taking into account the

need of hour to protect the integrity, identity and

reputation of the of individual/s allegedly accused of

sexual offences, till completion of the investigation with

regard to the truthfulness of such allegations.

3. That due to the fast changing nature of the society and

easy connected to the social media people now a days

restrain themselves using their logical mind behind any

news and rumors and reach the consequences instantly.

4. That the society has developed so far that if the gender

equality is compared from early times it seems to be in a

quite better position but if the laws are considered in

reference to human rights regarding the protection of

one’s integrity then it protects only Victim not the

accused, who might have been falsely or maliciously

implicated. It is pertinent to mention herein that

‘ACCUSED’ means one who is alleged to have been

committed an offence which is yet to be proved beyond

any reasonable doubt. It is well settled that a person is

 5
presumed to be innocent until he is proven guilty beyond

reasonable doubt. Sec-228A OF INDIAN PENAL

CODE,1860 provides punishment for disclosing the

identity of the victims but does not provide any

safeguard for protection of the identity and integrity of

the accused in case of false accusation. It is important to

mention herein that a false accusation sometimes

destroy the entire life of an innocent person and there

has been instances where the person who has been

falsely implicated have even committed suicide. It does

not only destroy an individual’s life but creates a social

stigma to the family members too. Need of the hour

demands that some preventive measures must be taken

so as to avoid and to deal with such situations in the

interest of justice.

5. That there is no legal nexus of petitioner with the issue

involved in the present public interest litigation. That,
against the petitioner, there is no civil, criminal or revenue
litigation involving the petitioner.
6. That there are innumerable instances not only in India but
outside of India also where it can be seen that at the very
outset when someone is named publicly in an alleged crime
irrespective of the nature and genuinity or truthfulness of
the crime or offence, one has to suffer a serious damage to
their reputation. Damage to reputation can be significant
for people who are incorrectly suspected of having
committed a serious crime. Persons who are named as
person of interest or crime suspects in the media become
 6
part of a public record that is searchable and permanent,
even if they are subsequently found innocent by the
investigation agency, their previous identification as a
suspect will likely endure in the public sphere.
7. That there has been an instance, when Bombs exploded in

a park in Atlanta, Georgia during the 1996 summer

Olympics, a man named Richard Jewell was identified by

the FBI as a suspected terrorist. Subsequently harassed,

reviled and ostracised, he lost his job and withdrew to his

mother’s apartment, rarely emerging, after three months

the FBI realized that Richard was not the offender, infact,

he was a hero who had shepherded people in the park to

safety. He was formally exonerated and sent a letter of

apology but subsequently said ‘the government’s letter

cannot give me back my good name or my reputation….. the

FBI and the media almost destroyed me and my mother’.

8. That it is very unfortunate that once allegation has been

leveled which might be false, fabricated, malicious and

perhaps for an only intention to defame someone really

serve the purpose accordingly and destroy the life of not

only of an individual but also destroy the repute of his

whole family. In one of the famous play of William

Shakespeare ‘Othello’ It has been immortalized in beautiful

words “Good name in a man and a woman, dear My Lord, Is

the immediate jewel of their souls……… ”. Similarly a very

famous Latin writer Publilius Syrus quote that “A good

 7
reputation is more valuable that money”. So it is very clear

that reputation while being dealt by even the famous

writers has given the priority over any materialistic things

and it cannot be differentiate or be considered on the

parameter of anyone’s gender.

9. That in present time where people are more active in virtual

world, the reputation and integrity of a person is always an

easy target to destroy. It is true that the Constitution of

India has guaranteed its citizens the right to free speech

but it doesn’t mean that it shall be misinterpreted and

consequently anyone can be defamed.

10. That in the case of S.Nambi Narayanan who is an Indian

scientist and aerospace engineer and also awarded India’s

third highest civilian award the Padma Bhushan was

falsely charged with espionage and got arrested at that

point of time when he was the senior official at the ISRO,

Incharge of Cryogenics Division. A man of such high repute

in a society has to fight for safeguarding his reputation and

integrity for quite a long time. In his case this Hon’ble court

has decided to order a compensation to him to restore his

reputation. It is pertinent to mention herein that no

amount of compensation can do justice to him for what he

and his family has to go through for a long time.

11. That the present petition is an outcome of continuous

irresponsible acts going in a society which in result

 8
strengthen or empowers the hands of some wrong doers

(irrespective of their gender) in the society. It is also

pertinent to mention herein that perhaps this type of acts

are now impossible to be restrained, in such circumstances

the judiciary plays a very important role to come forward

and frame some guidelines to protect the integrity of a

person who perhaps might have been falsely alleged or

implicated in any sexual offence. This Hon’ble Court has

earlier in the similar placed situation came forward and

framed guidelines in Vishaka and Ors. Vs State of

Rajasthan to protect the integrity of victim and to

safeguard the victim from facing the social stigma.

12. That applying the same principle of protecting the

integrity and safeguarding a victim from social stigma, a

guideline as per the need of the hour is also liable to be

framed for safeguarding the integrity and the reputation of

the accused who might are simply a prey of those powerful

sections of the society who failed to lure one’s honesty with

their power.

13. That this is well settled by this Hon’ble court only that

the right to reputation is an integral part of Articles 21 and

19(2) of the Constitution of India.

14. The situation can be viewed from the constitutional

perspective. Article 21 of the Constitution of India uses the

expression personal liberty. The said expression is not

 9
restricted to freedom from physical restraint but includes a

full range of rights which has been interpreted and

conferred by the Apex Court in a host of decisions. It is

worth noting, the great philosopher Socrates gave immense

emphasis on personal liberty. The State has a sacrosanct

duty to preserve the liberties of citizens and every act

touching the liberty of a citizen has to be tested on the

anvil and touchstone of Article 21 of the Constitution of

India, both substantive and also on the canons of

procedural or adjective law.

Article 21. Protection of life and personal liberty –

No person shall be deprived of his life or personal liberty

except according to procedure established by law.

15. That, the petitioner have no other alternative efficacious

remedy but to take shelter of this Hon’ble Court to invoke

it’s jurisdiction under Article 32 of Constitution of India, on

the following amongst other grounds.

GROUNDS

I. Because a person who is booked under criminal law is

not a convict but only an accused until and unless his or

her guilt is proven and that to beyond reasonable doubt.

II. Because this Hon’ble court has framed guidelines in

‘Vishaka and Ors. V. State of Rajasthan’to safeguard the

integrity and dignity of the victim and also saving the

victim to face the social stigma.

 10
III. Because the section 228 A(1) of Indian Penal Code,1860

is also protecting and safeguarding the integrity of victim

only, which appears to be discriminatory so far it does

not provides any safeguard for the accused person/s,

who might have been falsely or maliciously implicated.

Therefore, Section 228 A (1) of Indian Penal Code, 1860

is also violative of the Article 14 of the Constitution of

India. Section 228 A (1) of Indian Penal Code,1860 reads

as under:-

228A. Disclosure of identity of the victim of certain

offences etc.—

(1) Whoever prints or publishes the name or any

matter which may make known the identity of any

person against whom an offence under section 376,

section 376A, section 376B, section 376C or section

376D is alleged or found to have been committed

(hereafter in this section referred to as the victim)

shall be punished with imprisonment of either

description for a term which may extend to two

years and shall also be liable to fine.

IV. Because this Hon’ble Court in ‘Arnesh Kumar v. State of

Bihar and Anr.’mandated certain safeguards for the

protection of the accused by citing the reasons of gross

misuseof the matrimonial laws. This Court laid down

certain guidelines to safeguard the interest of an

 11
accused involved in offences where the punishment is

seven years or less than seven years. The relevant

extract from the said report reads as under:-

“Arrest brings humiliation, curtails freedom and cast

scars forever. Law makers know it so also the police.

There is a battle between the law makers and the police

and it seems that police has not learnt its lesson; the

lesson implicit and embodied in the Cr.PC. It has not come

out of its colonial image despite six decades of

independence, it is largely considered as a tool of

harassment, oppression and surely not considered a

friend of public. The need for caution in exercising the

drastic power of arrest has been emphasized time and

again by Courts but has not yielded desired result. Power

to arrest greatly contributes to its arrogance so also the

failure of the Magistracy to check it. Not only this, the

power of arrest is one of the lucrative sources of police

corruption. The attitude to arrest first and then proceed

with the rest is despicable. It has become a handy tool to

the police officers who lack sensitivity or act with oblique

motive”.

V. Because in the light of the principle of equality. The

concept of equality has been derived from preamble of
the Indian Constitution which guarantees equality of
status and opportunity and Article 14 of the Indian
 12
Constitution which states that “the State shall not deny
to any person equality before the law or the equal
protection of the laws within the territory of India”. The
first expression ‘equality before the law’ which is taken
from the English common law, is a declaration of
equality of all persons within the territory of India,
implying thereby the absence of any privilege infavour of
any individual.
VI. Because the Constitution of India under Article 21

guarantees Right to Life which includes right to live with

dignity in the society.

VII. Because the allegations of sexual harassment tarnishes

the image, repute and goodwill of such person/s in the

society and it adversely affects his entire life in all terms

even if, at later point of time he is found to be innocent.

VIII. Because this Hon’ble Court had an occasion to formulate

guidelines to protect the integrity of the victim of sexual

harassment in the case of Vishaka and ors -Vs- State of

Rajasthan and now its high time that certain guidelines

may also be formulated to protect the integrity of the

person/s alleged to have committed such crime and

certain directions may also be issued to the media (print,

electronic as well as social) to not to disclose the identity

of such person/s until and unless, such crime is

investigated by the competent agency.

IX. Because it is well settled that a person is presumed to be

innocent until he is proven guilty but so much so,

 13
nowadays the moment an allegation of such nature is

leveled and it is published in the media, the person loses

his integrity in the society, without undergoing the

process of investigation, which is sheer violation of

Article 21 of the Constitution of India. Besides, that

person also suffers loss of his hard earned repute, image

and goodwill in the society, which cannot be

compensated in any manner whatsoever.

X. Because due to the fast changing nature of the society

and easy connected to the social media people now a

days restrain themselves using their logical mind behind

any news and rumors and reach the consequences

instantly.

XI. Because the society has developed so far that if the

gender equality is compared from early times it seems to

be in a quite better position but if the laws are

considered in reference to human rights regarding the

protection of one’s integrity then it protects only Victim

not the accused, who might have been falsely or

maliciously implicated. It is pertinent to mention herein

that ‘ACCUSED’ means one who is alleged to have been

committed an offence which is yet to be proved beyond

any reasonable doubt. It is well settled that a person is

presumed to be innocent until he is proven guilty beyond

reasonable doubt. Sec-228A OF INDIAN PENAL

 14
CODE,1860 provides punishment for disclosing the

identity of the victims but does not provide any

safeguard for protection of the identity and integrity of

the accused in case of false accusation. It is important to

mention herein that a false accusation sometimes

destroy the entire life of an innocent person and there

has been instances where the person who has been

falsely implicated have even committed suicide. It does

not only destroy an individual’s life but creates a social

stigma to the family members too. Need of the hour

demands that some preventive measures must be taken

so as to avoid and to deal with such situations in the

interest of justice.

XII. Becausethere are innumerable instances not only in

India but outside of India also where it can be seen that

at the very outset when someone is named publicly in an

alleged crime irrespective of the nature and genuinity or

truthfulness of the crime or offence, one has to suffer a

serious damage to their reputation. Damage to

reputation can be significant for people who are

incorrectly suspected of having committed a serious

crime. Persons who are named as person of interest or

crime suspects in the media become part of a public

record that is searchable and permanent, even if they

are subsequently found innocent by the investigation

 15
agency, their previous identification as a suspect will

likely endure in the public sphere.

XIII. Because there has been instance, when Bombs exploded

in a park in Atlanta, Georgia during the 1996 summer

Olympics, a man named Richard Jewell was identified by

the FBI as a suspected terrorist. Subsequently harassed,

reviled and ostracised, he lost his job and withdrew to

his mother’s apartment, rarely emerging, after three

months the FBI realized that Richard was not the

offender, infact, he was a hero who had shepherded

people in the park to safety. He was formally exonerated

and sent a letter of apology but subsequently said ‘the

government’s letter cannot give me back my good name or

my reputation….. the FBI and the media almost destroyed

me and my mother’.

XIV. Because it is very unfortunate that once allegation has

been leveled which might be false, fabricated, malicious

and perhaps for an only intention to defame someone

really serve the purpose accordingly and destroy the life

of not only of an individual but also destroy the repute of

his whole family. In one of the famous play of William

Shakespeare ‘Othello’ It has been immortalized in

beautiful words “Good name in a man and a woman,

dear My Lord, Is the immediate jewel of their souls………

”. Similarly a very famous Latin writer Publilius Syrus

 16
quote that “A good reputation is more valuable that

money”. So it is very clear that reputation while being

dealt by even the famous writers has given the priority

over any materialistic things and it cannot be

differentiate or be considered on the parameter of

anyone’s gender.

XV. Because in present time where people are more active in

virtual world, the reputation and integrity of a person is

always an easy target to destroy. It is true that the

Constitution of India has guaranteed its citizens the

right to free speech but it doesn’t mean that it shall be

misinterpreted and consequently anyone can be

defamed.

XVI. Because in the case of S.Nambi Narayanan who is an

Indian scientist and aerospace engineer and also

awarded India’s third highest civilian award the Padma

Bhushan was falsely charged with espionage and got

arrested at that point of time when he was the senior

official at the ISRO, Incharge of Cryogenics Division. A

man of such high repute in a society has to fight for

safeguarding his reputation and integrity for quite a long

time. In his case this Hon’ble court has decided to order

a compensation to him to restore his reputation. It is

pertinent to mention herein that no amount of

 17
compensation can do justice to him for what he and his

family has to go through for a long time.

XVII. Because the present petition is an outcome of

continuous irresponsible acts going in a society which in

result strengthen or empowers the hands of some wrong

doers (irrespective of their gender) in the society. It is

also pertinent to mention herein that perhaps this type

of acts are now impossible to be restrained, in such

circumstances the judiciary plays a very important role

to come forward and frame some guidelines to protect

the integrity of a person who perhaps might have been

falsely alleged or implicated in any sexual offence. This

Hon’ble Court has earlier in the similar placed situation

came forward and framed guidelines in Vishaka and Ors.

Vs State of Rajasthan to protect the integrity of victim

and to safeguard the victim from facing the social

stigma.

XVIII. Because applying the same principle of protecting the

integrity and safeguarding a victim from social stigma, a

guideline as per the need of the hour is also liable to be

framed for safeguarding the integrity and the reputation

of the accused who might are simply a prey of those

powerful sections of the society who failed to lure one’s

honesty with their power.

 18
XIX. Because this is well settled by this Hon’ble court only

that the right to reputation is an integral part of Articles

21 and 19(2) of the Constitution of India.

XX. Becausethe situation can be viewed from the

constitutional perspective. Article 21 of the Constitution

of India uses the expression personal liberty. The said

expression is not restricted to freedom from physical

restraint but includes a full range of rights which has

been interpreted and conferred by the Apex Court in a

host of decisions. It is worth noting, the great

philosopher Socrates gave immense emphasis on

personal liberty. The State has a sacrosanct duty to

preserve the liberties of citizens and every act touching

the liberty of a citizen has to be tested on the anvil and

touchstone of Article 21 of the Constitution of India,

both substantive and also on the canons of procedural

or adjective law.

Article 21. Protection of life and personal liberty –

No person shall be deprived of his life or personal liberty

except according to procedure established by law.

PRAYER

It is, therefore, most respectfully prayed that this

Hon’ble Court may graciously be pleased to:-

a. To issue an appropriate writ, order or direction in nature

of public interest litigation for framing guidelines to

 19
protect the identity, reputation and integrity of

individual/s allegedly accused of sexual offences, till

completion of the investigation with regard to the

truthfulness of such allegations; in the light of judgment

rendered by this Hon’ble Court in the case of ‘Vishaka &

Ors. V. State of Rajasthan and Ors. which provides

guidelines to protect the identity and integrity of the

victim of the sexual offences, in the interest of justice.

ii. To issue an appropriate writ, order or direction in nature

of public interest litigation to the media (print, electronic
as well as social) through fifth respondent to not to
disclose the identity of individual/s allegedly accused of
sexual offences, till completion of the investigation with
regard to the truthfulness of such allegations until and
unless, such crime is investigated by the competent
agency.
iii. To issue an appropriate writ in nature of public interest
litigation for issuance of writ, order or direction which
this Hon’ble Court deem fit and proper by enlarging the
scope of the instant writ petition.
iv. Issue any other order as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER

SHALL EVER PRAY TO THEIR LORDSHIPS.

DRAWN BY: FILED BY:

[SANPREET SINGH AJMANI]

[KULDEEP RAI]
[ANKUR JAIN]
[EMAMUDDIN AAZMI]
 20
[ASHOK DOBHAL]

(PIYUSH DWIVEDI)
Advocate-on-record
20 Old Lawyer’s Chamber
Supreme Court of India
New Delhi

Drawn on: 24.4.2019

Filed on : 25.4.2019
 21
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
Writ Petition (Crl.) NO. OF 2019
IN THE MATTER OF :
Youth Bar Association of India ... Petitioner
VERSUS
Union of India & ors. ... Respondents
AFFIDAVIT

I, Sanpreet Singh Ajmani s/o S. Bhupendra Singh B-3,

basement Jangpura Ext. New Delhi, do hereby solemnly
affirm and declare as under.
1. That I am the President of the Youth Bar Association of
India petitioner in the abovementioned matter and am
competent to swear this affidavit.
2. That I say that contents of the Writ Petition ( Pages ) ,
List of dates ( Pages ) which has been drafted by
my counsel under my instructions, these have been read
over and explained to me and I have understood the
contents thereof, I say that the same are true to the best
of my knowledge and belief.

3. That there is no any personal gain, private motive or

oblique reason of the petitioner n filing the present Public
Litigation.

4. That I say that against the petitioner, there is no civil,

criminal or revenue litigation involving the petitioner or any
of the petitioner, which has or could have a legal nexus
with the issue involved in the public interest litigation ( writ
petition).

DEPONENT
 22
VERIFICATION:
I the abovenamed deponent do verify that the
contents of this affidavit are true to my personal
knowledge and belief that no part of it is false nor
anything has been concealed therein. Verified at New
Delhi on this the 25th April, 2019.

DEPONENT