CPM leader and Rajya Sabha member AA Rahim has filed a public interest litigation (PIL) before the Supreme Court, challenging the use of facial recognition technology (FRT) and other biometric surveillance measures by the Delhi Police during the Jantar Mantar protests by students.
The petition alleges that the Delhi Police deployed facial recognition systems, AI-enabled smart glasses, fingerprint identification tools and other surveillance technologies at the protest without any statutory backing. It has contended that such measures violated the rights to privacy, free speech and peaceful assembly under Articles 14, 19 and 21 of the Constitution.
According to the petition, throughout the demonstrations at Jantar Mantar, the Delhi Police subjected protesters, journalists and bystanders to continuous surveillance through CCTV cameras, drones, a Mobile Command and Control Vehicle, AI-powered facial recognition systems and the National Crime Records Bureau’s (NCRB) “Abhigyan” mobile fingerprint identification application.
Questioning the legality of the exercise, the petition says, “The impugned surveillance is carried on without the sanction of any law, rule or published safeguard, and in violation of Articles 14, 19 and 21 of the Constitution. It is not confined to this assembly alone. It reflects a standing and expanding practice of biometric surveillance of peaceful protest by the Delhi Police, conducted in a legal vacuum, which affects the fundamental rights of the public at large.”
According to the petition, the Delhi Police captured and processed the biometric data of thousands of protesters using facial recognition technology. It has alleged that the collected data was then matched against undisclosed databases without informing those being surveilled.
The petition has also claimed that the authorities failed to disclose the purpose of the exercise, the data retention period or the safeguards governing its use. The plea has further argued that while the Delhi Police has standing orders governing public protests, none of them authorises the indiscriminate collection or use of biometric information or facial recognition technology.
The petition has sought directions against the Union Government, Delhi Police, the NCRB and the two private technology companies, namely, Aditya Infotech Ltd. (CP PLUS) and Dimension NXG Pvt. Ltd. (AjnaLens).
Besides asking the court to declare the surveillance unconstitutional, the petition has sought an immediate stop to the use of facial recognition technology at peaceful protests until a law governing its use is enacted.
It has also sought directions to the authorities to disclose what technologies and databases were used, delete the biometric data of people not accused of any crime, and create a mechanism allowing individuals to find out if their data was collected and request its deletion. The petition has further asked the court to prevent private companies involved in the surveillance from using or retaining protesters’ biometric data.
A similar issue is currently pending before the Delhi High Court in a PIL challenging the alleged surveillance of the protests. In that case, the high court recently sought a response from the Centre on whether any standard operating procedure or guidelines regulate such surveillance. The Centre had opposed the issuance of notice in the said matter. It defended the videography, stating that protests at Jantar Mantar are routinely recorded to maintain law and order. The petition before the Supreme Court was filed through advocates Subhash Chandran KR, Ribhav Pande, Madhav Aggarwal, Anuka Bachawat and Anirudh KP.
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