Police Must Limit Surveillance Register Entries To Respect Citizen’s Privacy, Fundamental Rights: J&K High Court

Case: Jagar Singh Vs UT of J&K

Coram: Justice Javed Iqbal Wani

Case No.: WP (C) No. 612/2023

Court Observation: “Though organized crime  cannot be successfully fought without close watch of suspects, yet  surveillance may be intrusive and may seriously encroach on the privacy  of a citizen, infringe his/her fundamental right to personal liberty  guaranteed under Article 21 of the Constitution and the freedom of  movement guaranteed under Article 19(I) (d) of the Constitution,  therefore, enjoining a duty upon the police officer to construe the rule  strictly and confine the entries in the Surveillance Register un-obstrusive  and within bounds without squeezing the fundamental freedoms  guaranteed to a citizens or to obstruct the free exercise and enjoyment of   those freedoms also keeping in mind that the surveillance should not be  so intrude as to offend the dignity of an individual and that the very rules  which prescribe the conditions for making entries in the Surveillance  Register and the mode of surveillance must recognize the caution and  care with which the police officers are required to proceed,”

“A perusal of the aforesaid rules ex facie suggest that the entries in the Surveillance Register have to be prepared and drawn both objectively meaning making an unbiased balanced observation based on facts which can be verified and subjectively as well meaning making assumptions, interpretations based on personal opinions without any verifiable facts”

“..the surveillance should not be so intrude as to offend the dignity of an individual and that the very rules which prescribe the conditions for making entries in the Surveillance Register and the mode of surveillance must recognize the caution and care with which the police officers are required to proceed” “No reasons muchless cogent and credible have been recorded in the Surveillance Register for continuing the name of the petitioner therein on a mere belief without drawing any subjective satisfaction of possessing a reasonable belief that the petitioner is a habitual offender or is a person habitually addicted to crime thus necessitating to continuation of entering of his name in the Surveillance Register”

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Police Must Limit Surveillance Register Entries