The Delhi High Court on Friday agreed to hear a public interest litigation (PIL) alleging “continuous, indiscriminate and intrusive surveillance” of protesters at the ongoing Jantar Mantar demonstration over alleged irregularities in the NEET-UG examination.
The plea, filed by former JNUSU president Aishe Ghosh, was mentioned for urgent hearing before a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia.
Senior counsel appearing for the petitioner alleged that police personnel were roaming at the protest site with mobile phones and cameras, claiming that the action was affecting the morale of protesting students.
She argued that the police conduct amounted to a violation of the protesters’ fundamental right to privacy.
Responding to the request for an urgent hearing, Chief Justice Upadhyaya listed the matter for Monday instead of Wednesday, when PILs are usually taken up.
"We are preponing it (from Wednesday when PILs are heard). Come on Monday," Chief Justice Upadhyaya said.
The protest, organised by the Cockroach Janta Party, has continued for more than 26 days, with demonstrators demanding the resignation of Union Education Minister Dharmendra Pradhan over alleged irregularities in the NEET-UG examination.
Activist Sonam Wangchuk joined the agitation on June 28 and has been on an indefinite fast since then.
Filed through advocate Subhash Chandran KR, the PIL seeks a declaration that "continuous and intrusive mass surveillance" of peaceful protesters is constitutionally impermissible, disproportionate, and cannot be justified under the guise of maintaining public order or national security.
The plea also seeks directions to authorities to immediately stop mass photography, videography, and surveillance at Jantar Mantar unless there is a "proximate, real, and imminent threat to public order" warranting such measures.
"The petitioner has in her possession photographs depicting the permanent surveillance tower and the continuous photography and videography undertaken by police personnel, which demonstrate the pervasive and intrusive nature of the surveillance being carried out by the respondents," the plea said.
"The surveillance is indiscriminate in nature, extending to every individual present at the protest site irrespective of any suspicion of unlawful conduct and encompassing not merely the public acts of protest but also the ordinary incidents of daily life, including eating, resting, seeking medical assistance, and other personal activities," the plea argued.
(With inputs from PTI)
