New Delhi, Feb 25 (PTI) The Delhi High Court on Wednesday sought the stand of the Centre and Delhi Police on a petition challenging the “disproportionate” collection of personal, biometric information from individuals by police in relation to a crime.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia issued notice to the Centre, Delhi Police and National Crime Records Bureau on the petition by two students against Criminal Procedure (Identification) Act and its rules.
The petitioner’s senior counsel said the petitioners, who are students in a university, had participated in a peaceful stand-in against an arbitrary disciplinary proceedings against them.
While an FIR was registered against the second petitioner for offences under the Bharatiya Nyaya Sanhita, Delhi Prevention of Defacement of Public Property Act and Prevention of Damage to Public Property Act, no FIR was lodged against the first petitioner.
However, the police “coerced” both of them to provide their biometrics, including photograph and fingerprints, the senior counsel alleged.
She contended that the law was disproportionate and did not differentiate between minor and grave offences.
In the plea, the petitioners stated that the Act and its rules granted the authorities an “open-ended, uncanalised discretionary power” to collect sensitive information of anyone who came in contact with the criminal justice system, and infringed the fundamental right to privacy, right against self-incrimination as well as the guarantee against arbitrary State action.
The plea added that the law neither prescribed a procedure for destruction and disposal of such records nor did it automatically require deletion of the “measurements” of those acquitted and instead authorised the authorities to store the data for 75 years.
The law also allowed the National Crime Records Bureau to “share and disseminate” such sensitive personal data with “any law enforcement agency”, which facilitated profiling.
“In view of the expansive nature of the provision, any person who comes remotely in contact with the criminal justice system gets inveigled within the scope of the Impugned Act. For instance, a person convicted of criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023 can be obligated to provide a DNA swab, under the pain of the penalties prescribed by the Impugned Act.
“Similarly, a person merely arrested for speeding and careless driving, would also be obligated to provide biological samples. It is respectfully submitted that the Impugned Act is, therefore, a disproportionate invasion of the right to privacy,” the petition said.
The matter would be heard next in March. PTI ADS ZMN
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