Khushi Gupta
Published on: April 22, 2022 at 16:25 IST
The Delhi High Court sought the Centre’s response on a Public Interest Litigation challenging the Provisions of Criminal Procedure (Identification) Act as unconstitutional and illegal. This Act provides Police to forcibly gain the Biometrics of the Prisoners.
The Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla asked the Centre to file its Reply to the Plea, including the aspect of Maintainability.
Lawyer Harshit Goel Plea against the Legislation that allegedly enables profiling and creation of a Surveillance State requires consideration whereas the Counsel for Central Government Amit Mahajan said the Petition was not Maintainable as the Validity of Law can’t be Challenged in Vacuum.
The Plea mentions that provisions of the Act have grave consequences for every citizen of India.
It states that while the old Law created a Statutory Framework to Lawfully collect finger and footprint impressions and photographs of only a class of individuals, the Act in operation puts all people in the same bracket.
“Such aim is apparent upon a reading of Section 3 (taking of measurement) with Section 4 (Databasing of Measurements). Together, it is clear that these provisions intend to create a database of ‘measurements’ profiling the class of persons . . . for the purposes of aiding Investigations of future Crimes,” it states.
Also Read- Analysis of Criminal Procedure (Identification) Bill, 2022