पुलिस कार्रवाई की रिकार्डिंग या स्ट्रीमिंद सरकारी काम में बाधा नहीं – हाईकोर्ट
भारत- रायपुर
अगर पुलिस आप के खिलाफ या किसी और के खिलाफ कोई कार्रवाई कर रही है और आप को लगता की यह गलत है तो आप अपने बचाव में कार्रवाई की सोशल मीडिया में लाइव स्ट्रीमिंग कर सकते हैं। पुलिस के अधिकारी आप को ऐसा करने से रोक नहीं सकते है, और अगर आप को वी़डियो रिकार्ड या स्ट्रीमिंग से रोकते हैं तो यह हाईकोर्ट के आदेश की अवमानना होगी।
एक महत्पूर्ण फैसले में हिमाचल प्रदेश हाईकोर्ट ने कहा की सोशल मीडिया पर पुलिस कार्रवाई की लाइव स्ट्रीमिंग किसी लोक सेवाक के उसके कर्तव्यों के निर्वहन में बाधा डालना नहीं है। कोर्ट ने एक ड्राइवर के खिलाफ आपराधिक कार्रवाई को रद्द कर दिया। जिस पर ट्रैफिक स्टाप के दौरान फेसबुक पर लाइव होने के कारण मामला दर्ज किया गया था। जस्टिस संदीप शर्मा ने कहा की फेसबुक पोस्ट के जरिए उसने यह बताने की कोशिश की कि उसे परेशान किया जा रहा है।
याचिकाकार्ता सीताराम शर्मा 24 अगस्त को ,2019 को कथित तौर पर बिना सीट बैल्ट कार चला रहा था। ट्रैफिक पुलिस के अधिकारियों ने उसे रुकने का इशारा किया,लेकिन शर्मा ने गाड़ी आगे ले जाकर पार्क की। जब दस्तावेज मांगे तो शर्मा ने कथित तौर पर दुर्व्यवहार किया और फेसबुक पर लाइव हो गया। जिसमें उसने कहा की उसे गलत तरीके से निशाना बनाया जा रहा है। अदालत के समक्ष मुख्य मुद्दा यह था की शर्मा का फेसबुक लाइव होना आईपीसी की धारा 186 के तहत अपराध है। जो किसी लोक सेवक के कार्यों के निर्वाहन में बाधा डालता हो।
बाधा की परिभाषा
कोर्ट ने कहा की , फेसबुक पर लाइव होना और टिप्पणी करना राजकार्य में बाधा नहीं है। याचिकाकर्ता ने ऐसा कोई आचरण नहीं किया जिसे राजकार्य में बाधा माना जाएगा। जस्टिस शर्मा ने स्पस्ट किया की धारा 186 के तहत बाधा उसे माना जाएगा, जब बल के प्रदर्शन या धमकी से लोक सेवक को कर्तव्य पूरा करने से रोका जाए। इस मामले में ऐसा कुछ नहीं हुआ।
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