Delhi HC Asks Aishe Ghosh to File General Plea on Jantar Mantar Surveillance

The Delhi High Court on Monday advised former Jawaharlal Nehru University Students' Union (JNUSU) president Aishe Ghosh to file a fresh, general petition regarding guidelines for the surveillance of protesters at Jantar Mantar in New Delhi.

A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia made the observation while hearing a Public Interest Litigation (PIL) filed by Ghosh alleging intrusive surveillance of protesters at the site. The bench noted that the current petition appeared to be confined to a single, specific protest rather than addressing the broader legal framework.

"You better file a petition where we can examine the provisions. This petition, as we understood, was confined to a particular protest. We are permitting you to file a petition which is general in nature. Things have cooled down. Let them cool down further," the bench told the counsel representing the petitioner.

When the court questioned why the petitioner was pressing the issue at this stage and suggested making a prayer for guidelines in a subsequent petition, senior counsel for Ghosh argued that the prayers sought in the petition were "still alive." The petitioner’s legal team emphasized that the matter concerned the ongoing surveillance of protesters in the absence of a proper legal framework.

The petitioner's lawyer further argued that specific prayers in the petition required judicial examination, including a direct instruction to authorities to permanently destroy all personal data collected through surveillance during the protest.

Representing the government, the Centre contended before the court that the PIL had become infructuous. Following the arguments from both sides, the Delhi High Court stated that it will hear the matter again on Tuesday.