NEW DELHI: A petition has been filed in the Delhi high court alleging that Delhi Police has subjected peaceful protesters at Jantar Mantar to continuous surveillance through photography, videography and round-the-clock monitoring since the sit-in protest and hunger strike began on June 20.The plea has been moved by former Jawaharlal Nehru University Students’ Union (JNUSU) president Aishe Ghosh through advocates Subhash Chandran KR and Anirudh KP, news agency ANI reported.The petition comes amid the ongoing protest at Jantar Mantar led by student activist Abhijeet Dipke under the banner of the Cockroach Janta Party (CJP).According to the plea, the protest has remained peaceful, but participants have allegedly been subjected to blanket surveillance without any disclosed statutory authority or procedural safeguards.Filed under Article 226 of the Constitution, the petition has named the Union of India through the ministry of home affairs and the commissioner of police, Delhi, as respondents.It alleges that the authorities have installed a permanent surveillance tower fitted with cameras at the protest site.The petition further claims that police personnel have continuously photographed and videographed protesters, creating an atmosphere of intimidation that discourages citizens from participating in lawful democratic protests.The petition claims that the surveillance covers every individual present at the protest site regardless of any suspicion of unlawful activity.It further states that the surveillance includes recording not only public acts of protest but also routine personal activities such as eating, resting, and seeking medical assistance.It alleges that the authorities have not disclosed the legal basis, purpose, duration, or manner in which the collected data is stored, processed, or used, ANI reported.According to the petitioner, the surveillance has had a chilling effect on the exercise of the constitutional rights to free speech and peaceful assembly.The plea further alleges that police personnel threatened student protesters by saying that photographs and videos taken at the protest site would be shared with their parents, guardians and educational institutions, thereby discouraging them from participating in the protest.It also alleges that women protesters were photographed and videographed during heavy rainfall while they were forced to remain at the protest site in drenched clothes due to the absence of adequate shelter.The PIL contends that despite repeated requests, the respondents have failed to disclose any statutory provision, executive instruction or publicly available protocol authorising the continuous surveillance.It also seeks regulations governing the collection, storage, retention and dissemination of personal data generated through such monitoring.It argues that the surveillance violates the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution.It does not satisfy the constitutional requirements of legality, necessity, proportionality and procedural safeguards laid down by the Supreme Court in Justice KS Puttaswamy (Retd) v Union of India, ANI reported.Among its prayers, the petition seeks a declaration that continuous and intrusive mass surveillance of peaceful protesters at designated protest sites is constitutionally impermissible and disproportionate.It argues that such surveillance cannot be justified in the name of maintaining public order or national security in the absence of an explicit statutory framework and judicial oversight.It also seeks a declaration that the installation of a permanent surveillance tower and the blanket deployment of videographers at Jantar Mantar fail the constitutional test of the “least restrictive means” by creating an unlawful chilling effect on the freedoms guaranteed under Articles 19(1)(a), 19(1)(b) and 21 of the Constitution.The petitioner has further sought directions to immediately suspend all mass photography, videography and surveillance at Jantar Mantar until the respondents demonstrate the existence of a proximate, real and imminent threat to public order justifying such measures.The plea also seeks disclosure of the legal authority, security threat assessments, purpose, scope, retention policy and data-sharing protocols governing the surveillance exercise.Additionally, the PIL seeks preservation of all surveillance records, metadata and internal orders. It also seeks to restrain the deletion or dissemination of surveillance material pending adjudication of the case and calls for the destruction of personal data collected through the surveillance, except where it is strictly required for an ongoing criminal investigation.The petition further seeks comprehensive guidelines governing surveillance at peaceful assemblies, the constitution of an independent committee to examine the extent of data collected through surveillance at Jantar Mantar, and the provision of basic civic amenities, including drinking water, sanitation and emergency medical facilities, at the protest site.An application was filed in a court here on Wednesday seeking charges under the Juvenile Justice Act against the owner and the principal of the Neerja Modi school, where a nine-year-old student had allegedly jumped to death from the fourth floor of its building.In the chargesheet filed by police, Section 75 of the Act, which criminalises cruelty to children by those responsible for their care, has been invoked against the class teacher only, said the lawyer for Amaira’s father Vijay Meena.The lawyer said that an application has been moved in the court seeking cognisance against the school owner Saurav Modi and principal Indu Dubey under the Juvenile Justice Act.Recently, Amaira’s parents had shared CCTV footage of her classroom and alleged that the girl was repeatedly bullied by classmates while her attempts to seek help did not receive the response they expected from the class teacher.The Court of the Additional Chief Metropolitan Magistrate (ACM)-10 on Wednesday adjourned the hearing to July 23 after the counsel representing the school was absent.Counsel for the victim’s family, Amit Singh, appeared before the court, while detailed arguments could not take place due to the absence of the school’s counsel, according to a statement issued by parents’ body Sanyukt Abhibhavak Sangh.The court fixed July 23 as the next date of hearing, when detailed arguments in the matter are expected to be heard.Amaira’s father, Vijay Meena, said the family had been waiting for justice for a long time and expressed faith in the judicial process.He said he hoped the court would consider all facts and evidence during the next hearing and that appropriate legal action would be taken against those found responsible.Abhishek Jain Bittu, Rajasthan state spokesperson and media in-charge of the Sanyukt Abhibhavak Sangh, said the organisation had been supporting the victim’s family since the beginning of the case and would continue to stand by them during the legal proceedings.(With agency inputs)
