Delhi High Court to Hear PIL Challenging Alleged Police Surveillance of Peaceful Protesters at Jantar Mantar

July 15, 2026 : A Public Interest Litigation (PIL) has been filed before the Delhi High Court challenging the alleged continuous surveillance of peaceful protesters by the Delhi Police at Jantar Mantar during an ongoing sit-in protest and hunger strike organised by the Cockroach Janta Party (CJP). The matter is expected to come up for hearing on July 16.

The petition has been filed by former Jawaharlal Nehru University Students’ Union (JNUSU) president and CPI(M) leader Aishe Ghosh through Advocates Subhash Chandran KR and Anirudh KP. It contends that the alleged blanket surveillance violates the fundamental rights to privacy, dignity, freedom of speech and expression, and peaceful assembly guaranteed under Articles 14, 19 and 21 of the Constitution.

According to the petition, the protest has remained peaceful since it began on June 20 under the leadership of student activist Abhijeet Dipke. Despite the absence of any allegation of unlawful activity, the Delhi Police has allegedly subjected participants to constant photography, videography and round-the-clock monitoring through a permanent surveillance tower equipped with cameras at the designated protest site.

The plea alleges that the surveillance is indiscriminate and extends to every individual present at the venue, regardless of whether there is any suspicion of criminal conduct. It claims that police monitoring captures not only public demonstrations but also personal activities such as eating, resting and seeking medical assistance, amounting to an unlawful intrusion into the privacy of protesters.

The petitioner has also alleged that police personnel threatened student protesters by stating that photographs and videos recorded during the protest would be sent to their parents, guardians and educational institutions. According to the plea, such conduct has created an atmosphere of fear and intimidation, discouraging students and other citizens from participating in peaceful democratic protests and producing a chilling effect on the exercise of the freedoms guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution.

The PIL further raises concerns regarding the treatment of women protesters. It alleges that during heavy rainfall, women who were forced to remain at the protest site in drenched clothing due to inadequate shelter continued to be photographed and videographed by police personnel, resulting in a serious violation of their bodily privacy and dignity.

The petition also claims that police repeatedly conducted route marches through the protest site and stopped vehicles carrying protesters for questioning, thereby portraying peaceful demonstrators as though they were engaged in unlawful activities.

According to the plea, despite repeated requests, the authorities have not disclosed the statutory basis, executive instructions or procedural safeguards governing the surveillance exercise. It further alleges that no information has been provided regarding the purpose of the surveillance, the duration of data retention, the manner in which personal data is processed and stored, or the protocols regulating its dissemination.

Relying on the Supreme Court’s landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India, the petitioner argues that the surveillance measures fail to satisfy the constitutional requirements of legality, necessity, proportionality and procedural safeguards. The petition further contends that the installation of a permanent surveillance tower and blanket deployment of videographers cannot be justified solely on the grounds of maintaining public order or national security in the absence of an express statutory framework and judicial oversight.

The petitioner has sought a declaration that continuous and intrusive mass surveillance of peaceful protesters at designated protest sites is unconstitutional and disproportionate. The PIL also seeks an immediate suspension of mass photography, videography and surveillance at Jantar Mantar until the authorities establish the existence of a real and imminent threat to public order warranting such measures.

In addition, the petition seeks directions to the authorities to disclose the legal basis, threat assessment, purpose, scope, data retention policy and data-sharing protocols governing the surveillance exercise. It also seeks preservation of all surveillance records and metadata, restraint on deletion or dissemination of surveillance material during the pendency of the case, destruction of personal data collected through the surveillance except where required for an ongoing criminal investigation, formulation of comprehensive guidelines regulating surveillance at peaceful assemblies, constitution of an independent committee to examine the extent and impact of surveillance at Jantar Mantar, and provision of essential civic amenities, including drinking water, sanitation and emergency medical facilities, at the protest site.