An important hearing was held in the Delhi High Court on Monday regarding the continuous photo and video recording of the protesters during the ongoing protests at Jantar Mantar. Delhi Police clearly said that no spying or monitoring of the protesters is being done. Whatever recording is done. It is there only to maintain law and order.

Every protest is recorded – Delhi Police

On behalf of Delhi Police, Solicitor General Tushar Mehta told Chief Justice D.K. Upadhyay and told the bench of Justice Tejas Karia that almost every day there is some demonstration at Jantar Mantar. In such a situation, video recording of every performance is done. He said that the people present there themselves make a large number of videos and post them on social media. In such a situation, it is wrong to call it spying or surveillance. He even termed this PIL as “luxury litigation”.

Delhi High Court asked- is there any SOP

During the hearing, the High Court, while referring to the Mazdoor Kisan Shakti Sangathan case of the Supreme Court, asked whether there are any standard operating procedures or fixed guidelines regarding demonstrations and hunger strikes. After this question, the court fixed the next hearing of the case for tomorrow.

Former JNU Students Union President filed petition

This petition has been filed by former JNU Students Union President Ayeshi Ghosh. They allege that since CJP’s dharna and hunger strike at Jantar Mantar started on June 20, the protesters are being monitored 24 hours a day. For this, a permanent monitoring tower has been installed at the protest site and photo-videos are being made continuously.

‘Recording even while eating, resting and undergoing treatment’
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It has been said in the petition that surveillance is not limited to just demonstration. Protestors are also recorded when they eat, rest or seek medical attention. Their privacy is being violated by this.

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According to the allegation made in the petition, surveillance is not limited to just recording the protests. In this, normal personal activities like eating, drinking, resting, seeking medical help and other aspects of everyday life are being recorded. This protest is being done regarding the resignation of the Education Minister.

The petition cited the constitutional right to freedom of expression and peaceful demonstration.

The petition alleges that the policemen told many student protesters that their photos and videos would be sent to their parents and college-school administration. This created an atmosphere of fear among the students and many students became reluctant to join the protest. According to the petition, this directly impacts the constitutional right to freedom of expression and peaceful demonstration.

Privacy of women protesters is also an issue – petitioner

It has also been said in the petition that during heavy rains, due to lack of adequate shade, the women protesters remained there in wet clothes. Even then his photos and videos were made. This has been described as a serious violation of the dignity and privacy of women.

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What is the demand made in the petition

The petitioner has demanded from the court that the alleged mass surveillance of protesters at Jantar Mantar should be declared unconstitutional. Also, until no real and immediate threat to public order is proven, an interim order should be given to ban mass photographs, video recording and surveillance of the protesters.