GAURAV GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Our scriptures recite:-

(2.) This writ petition in public interest has been brought forward highlighting the recent steps taken by the State Government by calling upon the police authorities to take appropriate steps of policing in order to prevent such crimes that outrage or insult the modesty of female citizens of this State. The petition however prays for a direction that the State should not commit excesses so as to invade the private rights of couples or adults that are suspiciously viewed by the police to be indulging in any unauthorised or unlawful act by exhibiting knee-jerk reactions that may disturb the ordinary peace and harmony prevailing in the society. The petitioner also apprehends that the general atmosphere of the society is likely to be disturbed on account of the utilisation of the words "Anti Romeo Squad" and create a panic so as to prevent lawful youth couples also from exercising their right of freedom of movement and expression.

(3.) Shri Gaurav Gupta, the petitioner in person, contends that no action can be taken by the State in excess of authority so as to impinge the fundamental rights guaranteed under the Constitution and invade the privacy of any individual or curtail liberty even if such an individual is in lawful assembly. The obstruction, if any caused if based on no reason would therefore be an excess of authority and an arbitrary exercise of police power which is impermissible under the Constitution. He submits that no guidelines have been framed in order to ensure the proper application of any such surveillance stated to be in public interest and therefore, there is every likelihood of excesses being committed including the nature of the excess as indicated in the writ petition in the name of moral policing. It is, therefore, the contention of the petitioner that the respondent-authorities including the police should be restrained from acting on such administrative instructions that may have been issued by the Police Department as they do not appear to be with any authority in law. The petitioner for this has relied on an alleged incident as stated in Para-14 to substantiate his submissions and to contend that such acts which are being attempted by the police to create a fearful atmosphere do not fall within the authority of lawful policing and can be termed as "Moral Policing." The contention, therefore, is that if the law does not authorise such moral policing then in that event, the constitutional rights of the citizens of the State are being violated by such actions which are reportedly not supported in law. He, therefore, contends that any direction issued by the respondents that tend to violate such rights guaranteed under the Constitution should be restrained by this Court under the exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.