The Delhi High Court on Monday (20 July) sought a response from the Delhi Police on whether any standard operating procedure (SOP) or guidelines govern the handling of protests and hunger strikes, while hearing a public interest litigation alleging continuous surveillance of protesters at Jantar Mantar.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia was hearing a petition filed by former JNU Students' Union president Aishe Ghosh against the Union of India and another. The petition alleges that police have been continuously photographing and videographing participants in an ongoing protest at Jantar Mantar, affecting their right to peacefully assemble.
Background of the Case
The petition relates to a protest launched by the Cockroach Janata Party (CJP) at Jantar Mantar on June 20, raising concerns over alleged examination paper leaks and demanding the resignation of the Union Education Minister.
According to the plea, protesters have been under constant monitoring through photography, videography and a surveillance tower allegedly installed at the protest site. It claims that the monitoring extends beyond the protest itself and covers routine activities such as eating, resting and receiving medical assistance.
The petition further alleges that some student protesters were told their photographs would be shared with their parents or educational institutions, creating fear and discouraging participation in the protest. It also raises concerns over the filming of women protesters during heavy rainfall while they remained at the site due to inadequate shelter.
Court Observations
During the hearing, the Court referred to the Supreme Court's judgment in Mazdoor Kisan Shakti Sangathan v. Union of India (2018), which had called for the formulation of guidelines governing protests at designated public spaces.
The Bench observed,
"Please see the Supreme Court decision in the Mazdoor Kisan Shakti Sangathan matter. We want to know if any formulation [procedure] was done or not."
The Court accordingly sought a response from the authorities on whether such guidelines have been framed and are currently in force.
Delhi Police's Stand
Appearing for the Delhi Police, Solicitor General Tushar Mehta rejected the allegations of unlawful surveillance.
He submitted that recording public protests is a routine measure adopted solely to maintain law and order and should not be viewed as surveillance.
"Every protest is always recorded. This is only for the purpose of law and order. There is no snooping. There is no surveillance," Mehta told the Court.
The police maintained that videography of public gatherings is a standard practice and denied carrying out intrusive monitoring of protesters.
Petitioner's Contentions
Counsel appearing for Aishe Ghosh questioned the legal basis for the alleged recording and sought clarity on how the collected footage would be stored, protected and eventually disposed of.
The petition seeks several directions, including disclosure of the legal basis for any surveillance, preservation of collected records during the proceedings, framing of comprehensive guidelines for policing peaceful assemblies and the constitution of an independent committee to examine the impact of such practices on the right to dissent.
Court's Decision
After hearing both sides, the Delhi High Court directed the authorities to inform the Court whether any SOP or guidelines governing protests and hunger strikes have been framed pursuant to the Supreme Court's earlier directions.
The matter has been listed for further hearing on Tuesday, and no interim relief was granted at this stage.
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