SC agrees to hear Kerala MP's plea against use of facial recognition at Jantar Mantar protest
New Delhi: The Supreme Court on Thursday agreed to hear a petition filed by a Rajya Sabha lawmaker challenging the alleged use of facial recognition technology and biometric surveillance measures by the Delhi Police during a recent student demonstration at Jantar Mantar.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana ordered the matter to be tagged alongside existing, related petitions addressing the issue.
Senior advocate Menaka Guruswamy, representing Rajya Sabha MP AA Rahim, highlighted two critical areas of concern before the court: the facial profiling of demonstrators by law enforcement and the storage of this sensitive data by private entities.
"One maps your face and one is a vehicle. So spectacles are used and a vehicle is also used. And that data is all taken without permission. These private entities host the data. In violation of the rules…," she submitted.
Acknowledging the submission, the bench confirmed that the petition would be heard in conjunction with pending matters on facial recognition technology (FRT).
Surveillance operates in 'Legal Vacuum', claims plea
Rahim, a Communist Party of India (Marxist) lawmaker from Kerala, moved the apex court seeking a declaration that indiscriminate biometric surveillance during peaceful public gatherings is unconstitutional. The plea argues that such practices should be barred until Parliament passes a specific law authorising and regulating their deployment.
Filed through advocate Subhash Chandran K R, the petition alleged that the Delhi Police deployed biometric surveillance in a "complete legal vacuum," pointing out that neither the Criminal Procedure (Identification) Act, 2022, nor the internal Delhi Police Standing Orders governing protests permit biometric monitoring of participants at civilian assemblies.
The MP further alleged that authorities carried out automated extraction and matching of protesters' facial data, linking it with permanent national criminal databases.
According to the petition, protesters, media personnel, and general bystanders were subjected to continuous biometric recording via widespread photography and video capture using CCTV cameras, drones, and a mobile command-and-control vehicle.
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Privacy impact concerns and prayer for relief
The plea highlighted an RTI response from the Delhi Police, which reportedly confirmed that no privacy impact assessment was conducted prior to deploying FRT. It added that the force had previously maintained FRT was restricted to identifying missing persons or unclaimed bodies.
Citing the milestone K.S. Puttaswamy vs Union of India judgment on the right to privacy, the plea argued that the current surveillance framework fails basic constitutional standards of legality, legitimate state purpose, and proportionality.
The petition urges the top court to:
Direct authorities to publicly disclose all surveillance tools, databases, and third-party vendor arrangements currently in place.
Establish a grievance mechanism allowing citizens to inspect and demand the deletion of their facial data.
Issue instructions to private companies holding such data to immediately cease its use, preserve records, and permanently delete all biometrics in their possession. (PTI)