"Are Surveillance Norms Being Followed?" High Court To Delhi Cops On CJP Protest

Hearing a petition claiming surveillance of protesters at the Cockroach Janta Party-led sit-in at Jantar Mantar, the Delhi High Court has asked the police whether Supreme Court guidelines on the issue were being followed. 

In a landmark 2017 judgment, the Supreme Court had unanimously declared privacy an intrinsic part of the Right to Life and Personal Liberty under Article 21. This ruling set the foundation for the "proportionality test", stating that any state surveillance must be lawful, necessary, and proportionate to the objective.

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The petition in the high court, filed by former Jawaharlal Nehru University Students' Union president Aishe Ghosh, contended that since the commencement of the protest by the CJP at Jantar Mantar on June 20, protesters have been subjected to continuous photography, videography and round-the-clock monitoring through a permanent surveillance tower. Live Updates

It also alleged that the monitoring goes beyond documenting the protest itself and captures routine personal activities, including eating, resting, seeking medical assistance, and other aspects of daily life. The protest is being held against paper leaks and to demand the resignation of Union Minister Dharmendra Pradhan.

Ghosh claimed women protesters were photographed and videographed even during rain, when their clothes were drenched. 

During the hearing on Monday, a bench of Delhi High Court Chief Justice DK Upadhyaya and Justice Tejas Karia asked the Delhi Police whether it had seen Supreme Court directions on surveillance. 

"Did the Delhi Police follow those directions?" the bench asked Solicitor General Tushar Mehta. 

Mehta responded that there has been no surveillance. 

"At Jantar Mantar, every protest is always recorded. In this protest, a hundred people are seen making videos and reels. This is only for the purpose of law and order. There is no surveillance," he argued. 

The bench then posted the matter for hearing on Tuesday. 

"Be ready, we will hear this plea tomorrow," it said.