How facial recognition was used for CJP protest: Delhi Police to Supreme Court

The Supreme Court is hearing petitions alleging excessive police force at the protest site.

“The facial recognition system does not automatically capture, create, generate or maintain profiles of every individual present at the protest site, nor is it deployed for indiscriminate surveillance or collection of personal information of peaceful protesters unless he has a previous criminal record. The facial recognition system only captures those faces which are already recorded in previous offences,” the affidavit stated.

It added, “No actions are taken solely based upon the result of the facial recognition system which is only the first step to identify a person in the crowd who has a criminal record. After the said face is recognised, there is a field verification done with respect to the individual concerned since that person’s details are already in the police records and if, on field verification, it is found that he was, in fact, present at the site, actions are taken”.

AI -generated illustration of a Delhi Police Supreme Court affidavit , in which the cops deny mass surveillance claims and alleged misuse of facial recognition technology.

Adding that “the facial recognition system does not capture who does not have past criminal record,” it added that “the face and other material of only those accused would be available in the police record who are facing serious offences and not petty offences like traffic challans/ violations offences etc.”

47 history-sheeters identified

The police said that by employing the facial recognition system, 2,873 individuals with past criminal records were identified ‘whose particulars matched with existing records available in the official police databases, comprising of 2,402 persons identified through the Crime Kundli database and 471 persons identified through dossier records’.

Of these, it said, 92 have involvement in more than 10 cases. Of the 92, 47 are history-sheeters, it added.

The police added that the records indicate previous involvement of these individuals in serious criminal cases, including murder, attempt to murder, dacoity, robbery, rape, offences under the POCSO Act, crimes against women, violations of the Arms Act, kidnapping, snatching, offences under the Narcotic Drugs and Psychotropic Substances Act, etc.

The affidavit said ‘these official records demonstrate that the deployment of the FRS [facial recognition system] vehicles effectively assisted the respondent in identifying persons having criminal antecedents from amongst the large gathering, thereby enabling the police to undertake timely preventive policing measures for maintaining public order and ensuring the safety and security of peaceful protesters and the general public’.

‘Protest infiltrated by criminals’

The police added that between July 20 and July 26, seven motor vehicle thefts, 67 other theft cases, and 123 lost reports were lodged at various police stations in and around the protest site, “showcasing that the protest infiltrated by miscreants, criminals and anti-social elements”.

The affidavit said a false narrative was being spread that based on the facial recognition system, biometrics was being collected, people were being summoned using their Aadhaar details, and data was being sold to private entities.

“Such narrative is built not only falsely but clearly with some ulterior motives. As stated hereinabove, image of no one except persons having serious criminal record is captured. The biometrics of such hardened criminal is always available with the police in National Crime Bureau which is in compliance with the statutory provisions and nobody has ever been called with their Aadhaar card or anything else. Such narrative building, in fact, is always counter-productive in restoring peace and tranquillity….In fact, it is in the interest of peaceful protestors that hardened criminal elements are weeded out by use of latest technology,” the affidavit added.

The police said that the “entire incident is comprehensively documented through intelligence inputs, deployment orders, crowd-management plans, Daily Diary entries, wireless log messages, CCTV footage, official videography, body-worn camera footage, medical records, damage assessment reports and other contemporaneous official documents. Numerous video recordings depicting protesters attacking police personnel and other security forces, damaging Government property and indulging in violence have already been collected and being preserved.”