Delhi High Court Asks Police About Surveillance Norms at CJP Sit-In

The Delhi High Court on Monday sought a response from the Delhi Police on whether Supreme Court guidelines governing surveillance and the right to privacy were being followed during the Cockroach Janta Party (CJP)-led protest at Jantar Mantar. The court was hearing a petition alleging continuous monitoring of protesters through photography, videography and surveillance equipment at the demonstration site.

The petition, filed by former Jawaharlal Nehru University Students' Union president Aishe Ghosh, claimed that protesters participating in the sit-in since June 20 had been subjected to round-the-clock photography and videography through a permanent surveillance tower. It alleged that the monitoring extended beyond documenting the protest and included routine personal activities such as eating, resting and seeking medical assistance.

During the hearing, a bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia asked the Delhi Police whether it had complied with the Supreme Court's directions on surveillance and privacy. The bench referred to the legal framework established by the apex court, which requires any state surveillance to satisfy the tests of legality, necessity and proportionality under the right to privacy guaranteed by Article 21 of the Constitution.

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Representing the Delhi Police, Solicitor General Tushar Mehta denied that protesters were under surveillance. He argued that recording demonstrations at Jantar Mantar was a routine practice carried out solely for maintaining law and order. According to Mehta, protesters themselves were also recording videos and creating social media content, and the police documentation should not be construed as surveillance.

The petitioner also alleged that women protesters were photographed and videographed even during heavy rain when their clothes were drenched, contending that such monitoring amounted to an invasion of privacy. The plea sought judicial intervention to ensure that surveillance measures, if any, complied with constitutional safeguards and did not infringe upon the rights of individuals participating in peaceful protests.

After hearing the preliminary submissions, the High Court directed the Delhi Police to be prepared with its response and scheduled the matter for further hearing on Tuesday. The court is expected to examine whether the monitoring practices at the protest site conform to the Supreme Court's guidelines while balancing privacy rights with the authorities' responsibility to maintain public order.

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