Ensuring law and order, not snooping: Delhi Police on PIL in Delhi HC alleging surveillance of CJP protests

The Delhi Police on Monday denied carrying out any intrusive surveillance of the ongoing protests at Jantar Mantar led by the Cockroach Janata Party (CJP) [Aishe Ghosh v. Union of India & Anr].

A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia was hearing plea filed by former JNU Students' Union President and CPI(M) leader Aishe Ghosh questioning the alleged continuous and intrusive police surveillance of the protests.

Solicitor General of India Tushar Mehta today told the Court that any recording of the protests by the police is only being done in the interest of maintaining law and order.

"Some or the other protests going on is always recorded. As a matter of fact, 100 people are seen making video films and making reels, making them viral. This [recording/ videography by police] is only for the purpose of law and order. There is no snooping. There is no surveillance," he said.

The Court, in turn, sought a response on whether any standard operating protocol (SOP) or guidelines have been framed for the handling of protests and hunger strikes. The Supreme Court had called for such guidelines to be framed in the case of Mazdoor Kisan Shakti Sanghatan vs Union of India (2018).

The High Court has now sought a response on whether such guidelines are in place.

"Please see the SC decision in Mansoor Kisan Shakti Sangathan matter. We want to know if any formulation [procedure] was done or not," the Bench said.

The matter will be heard further tomorrow.

The CJP had initiated the protest at Jantar Mantar to highlight repeated exam paper leaks and to demand the resignation of Union Education Minister Dharmendra Pradhan.

Ghosh's PIL claims that the Delhi Police was persistently photographing and videographing protesters, including through a permanent surveillance tower installed at the protest site. The surveillance lacks any disclosed statutory authority or procedural safeguards, the plea contended. Ghosh, who has participated in the protest since it began on June 20, argued that the surveillance is indiscriminate, covering even routine activities like eating and resting.

She alleges that the police even threatened some student protesters that their photos would be sent to parents and educational institutions, creating a chilling effect that has deterred participation. The plea added that women protesters were photographed and filmed while forced to remain at the site in wet clothing during heavy rainfall due to inadequate shelter. This amounts to a serious intrusion into bodily privacy and dignity, it was submitted.

When the matter was briefly taken up earlier today, Ghosh's counsel asked if there was any legal basis for such surveillance.

"These are not animals. These are the youth. They are the young citizens of this country," the counsel added.

The counsel also demanded answers on what the police planned to do with the surveillance footage, stating,

"The data they have collected since June 20. How will they dispose it of, how will it be protected? Is there a committee to see it? Can any police officer just be using it for any purpose?"

In her plea, Ghosh sought a slew of directions, including immediate suspension of the surveillance, disclosure of its legal basis and data-retention protocols, preservation of surveillance records pending adjudication, framing of comprehensive guidelines for policing peaceful assemblies and constitution of an independent committee to examine its impact on the right to dissent.

The plea was filed through Advocates Subhash Chandran KR and Anirudh K P.

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