
The Madhya Pradesh High Court has called for surveillance of the online presence of police officials, observing that social media “intoxication” was prevalent amongst cops posted at residences of protectees, court or even on law and order duty [Ashok Kumar Tripathi v State of Madhya Pradesh].
The Division Bench of Justice Anand Pathak and Justice Pushpendra Yadav was dealing with the case of a police official who was found sleeping under the influence of alcohol during guard duty.
The Court ruled that the decision to compulsorily retire the policeman was not disproportionate to the charge levelled against him and thus, rejected his appeal.
“Petitioner was the member of guard duty at the residence of a Protectee, therefore, he was required to be more vigilant for the purpose he was deputed and this intoxication may breed indiscipline and may cause accident/mishap at the hands of guard himself who is meant to protect the person for whose security he is deputed as guard,” it reasoned.
The Court in its order flagged the rampant use of mobile phones and social media by security personnel and called for remedial measures to curb the same.
“This Court craves attention of senior police officers of Police Department about other intoxication prevailing in the uniform clad departments like police, said intoxication is of mobile/ social media. In the present case, where a police constable was posted on guard duties at the residence of a protectee where he was found in dereliction of duties because of consumption of liquor but nowadays it is commonly observed that guards on bungalow duties, court duties, law and order duties or duties inter alia where police personnel posted at a place where they have to do sedentary jobs, are involved in observing mobile and social media. This creates indiscipline, casualness in duties and at times incriminating social media clips, pollutes the mind and affects disposition of policeman. This issue deserves attention of senior police officers and remedial measures as well,” the bench said.
The Court suggested that sensitization programmes be conducted to address the situation.
Pertinently, it also called for a mechanism to supervise the cops and their social media presence.
“Senior police officers may think of incorporating sensitization programmes in police training centers for Constables, Sub Inspectors and other officers and a mechanism or constant supervision of police personnel and their presence on Social Media can be checked and verified when Police Personnel are on duty. This is the food for thought and Senior Police Officers may discuss and frame a mechanism as per their Rules, Regulations and Guidelines.”
The Court ordered that the order copy be sent to Director General of Police, Additional Director General of Police (Administration) and Additional Director General of Police (Training) for necessary action.
Advocate Prashant Sharma represented the appellant.
Senior Advocate and Additional Advocate General Vivek Khedkar with Government Advocate Sohit Mishra appeared for the State
[Read Judgment]