New Delhi, 24 July (H.S.): Defending the continuous surveillance of protesters gathered at Jantar Mantar during the protest organised by the Cockroach Party, the Central Government told the Delhi High Court that claiming privacy rights in public places is “absurd”. During the hearing, the petitioner argued that the right to privacy also applies to protests held in public spaces.

The Delhi High Court on Thursday heard partial arguments from both sides in a petition filed by Jawaharlal Nehru University Students’ Union (JNUSU) president Aishe Ghosh. A bench headed by Chief Justice D.K. Upadhyay directed that the next hearing in the matter would be held on July 27.

During the hearing, senior advocate Nandita Rao, appearing for the petitioner, referred to the Supreme Court’s landmark judgment in the K.S. Puttaswamy case on the right to privacy and argued that the scope of privacy rights extends even to protest sites located in public places.

She said that while restrictions can be imposed on the right to privacy, any such restriction must satisfy three tests — legal sanction, a legitimate government objective, and safeguards against misuse of power. Rao further stated that the petition was filed before July 20 and raised concerns over continuous police surveillance of protesters.

Appearing for the Centre, Solicitor General Tushar Mehta opposed the petition and said that the Supreme Court has also recognised the concept of holding protests at designated locations. Based on this principle, the government issued orders for surveillance, he argued.

Mehta said that video recording of protests is a matter related to maintaining law and order and is not limited only to Jantar Mantar. He added that the organisers of the protest had also accepted the conditions imposed by authorities and provided undertakings.

Defending restrictions on privacy rights, Mehta said that such rights can be limited when there is a legitimate interest of the government involved.

Earlier during the hearing, Mehta had submitted that the continuous monitoring of protesters through police cameras at Jantar Mantar was intended only to maintain law and order and there was no intention to violate anyone’s privacy. He said that recording any protest is done solely for ensuring public order and security.

The petition has been filed by former JNUSU president Aishe Ghosh, challenging the continuous police camera surveillance of protesters participating in the Cockroach Party’s demonstration at Jantar Mantar.

Filed through advocates Subhash Chandran and Anirudh K.P., the petition claimed that Delhi Police had been continuously monitoring protesters sitting at Jantar Mantar through permanent surveillance cameras.

The petition alleged that Delhi Police recorded videos of women protesters even when they were drenched during heavy rainfall and had no proper shelter available at the protest site. It termed the act a serious violation of physical privacy and dignity.

The petition further stated that repeated queries were made to Delhi Police regarding the authority or legal provision under which continuous surveillance was being conducted, but no satisfactory response was provided.

Referring to the Supreme Court’s judgment in Justice K.S. Puttaswamy’s right to privacy case, the petition alleged that such surveillance by Delhi Police violates Articles 14, 19 and 21 of the Constitution.

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Hindusthan Samachar / Jun Sarkar