The Supreme Court today (March 1) dismissed a Public Interest Litigation (PIL) petition seeking the digital monitoring of the MLAs and MPs round the clock, saying it constitutes a stark “violation of the Right to Privacy.”
The Delhi resident petitioner Surinder Nath Kundra sought to monitor elected representatives to ensure transparency and reduce corruption. The Court while thrashing the plea warned the petitioner, saying that he would face a fine of Rs 5 lakh if the Court observes the petition to be worthless and misuse of its valuable time.
The bench comprising Chief Justice of India DY Chandrachud, Justice J P Pardiwala and Justice Manoj Misra asked the petitioner if the Court could put a chip in the body of lawmakers to track them for 24 hours.
Mr Kundra argued that after getting elected by the people, such people (MLAs and MPs) start behaving like they are here to rule the people and they believe that they are the masters. The Court abruptly countered the petitioner cautioning him that such generalisation should not be made against the elected representatives.
“Dr Kundra, what is this writ petition under Article 32 … we cannot put some chips on their legs or hands to monitor what they do….how can we digitally monitor? There is something called the right to privacy also….I”ll put you on guard because at the end of it is public time. We will direct you to deposit costs and tell you in advance, the cost will be 5 lacs for pursuing this proceeding and it will be executed as arrears of land revenue if we dismiss the petition. This is public time, this is not our ego,” the court said.
Surprisingly, the petitioner further made another bizarre demand that all the policies should be taken after knowing the majority of the public through the digital mode. The court then said that in all democracies, individuals cannot make laws which have to be enacted through elected lawmakers only. “Then people will say ok, we do not need judges. We will decide on the streets and kill the offender for theft. Do we want that to happen,” the court stated.
To the statement of the petitioner that the elected people should be monitored round the clock through a CCTV, the Chief Justice of India asked, “You realise the gravity of what you are arguing? MPs/MLA also have private lives, at home, they are with their families.” The petitioner however countered the court saying that people who are concerned about their privacy should not apply for the jobs.