The Kerala High Court Today (Aug 27) dismissed a plea by Congress leaders VD Satheesan and Ramesh Chennithala seeking a court-monitored investigation into the Safe Kerala AI Camera Project. The Court said no evidence of malafide or illegality was shown.
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KOCHI: The Kerala High Court on Wednesday dismissed a public interest petition filed by Congress leader and Opposition Leader in the Kerala Assembly, VD Satheesan, along with Congress MLA Ramesh Chennithala.
The petition had demanded a court-monitored probe into the Safe Kerala Project, under which Artificial Intelligence (AI) cameras have been installed across the State to monitor traffic violations and reduce road accidents.
A Division Bench consisting of Chief Justice Nitin Jamdar and Justice Basant Balaji observed that the petitioners had failed to show any malafide intention or illegality in the planning or implementation of the project.
The project, officially titled the “Automated Traffic Enforcement System for Safe Kerala”, was designed by the State Transport Department. The aim was to place AI-based cameras across the State to automatically detect traffic violations, capture images of violators, and issue notices to offenders.
However, the petitioners argued that the project was riddled with nepotism, favouritism, corruption, and violation of privacy rights guaranteed under the landmark Puttaswamy judgment of the Supreme Court.
The plea stated:
“The confidential and private data of the individuals including their driving license and other information from Vahan are left to the mercy of private operators who only eyes their profit margin. Hence the Exhibit-P27 order, which allows for the privacy of the people of the State be violated with impunity, by private companies is in violation of the right of Privacy which has been declared as a fundamental right by the Hon’ble Apex Court in Puttuswamy case. When the only authority to impose fines on the violators of traffic rules is the concerned officer in the Motor Vehicle Department, holding the rank of MVI or AMVI, as per the provisions of the Motor Vehicle Act and Rules, the said duty is now cast on the hands of private companies which will access private data of citizens, impose fines and also provide payment facility.”
According to the petition, this transfer of statutory powers from government officers to private entities was illegal and rendered the fines imposed unenforceable under law.
The petition also alleged that the project was tainted with corruption at several levels. The Congress leaders claimed that the work order was first issued to KELTRON, a State government company, despite the Finance Department raising doubts about its capability.
Later, tenders and sub-contracts were awarded to SRIT India Pvt. Ltd. and Presadio Technologies Pvt. Ltd., which according to them, happened through irregular and corrupt means.
Further, the plea claimed that investigative bodies had failed to act impartially due to political pressure. It alleged:
“Unfortunately, the investigating agency of the State is under the command and control of persons who are the beneficiaries of the transaction. Since the corruption is conducted at the top echelons of power, the State Police is completely helpess in the matter. The Central agencies which would have been a natural choice have demonstrated that they will not take any investigation in a route that will harm the current State Government.”
The petitioners also argued that outdated technology was used for the project, leading to waste of public funds. They urged that only a court-monitored investigation could protect taxpayer money and ensure accountability.
However, after hearing all arguments, the Kerala High Court rejected the plea, holding that no sufficient grounds were presented to prove malafide intention, corruption, or privacy violations in the Safe Kerala AI Camera Project.
- The petitioners were represented by advocates Nisha George, J Vishnu, Arun Chandran, AL Navaneeth Krishnan, and Sidharth R Wariyar.
CASE TITLE:
VD Satheesan MLA & Anr. vs State of Kerala & Ors.
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