Congress leaders move Kerala High Court seeking probe into Safe Kerala project; allege AI cameras on roads violate privacy

Congress member and leader of the opposition in the Kerala assembly, VD Satheesan, along with fellow congress leader and Member of Legislative Assembly Ramesh Chennithala, have moved the Kerala High Court seeking a court-monitored enquiry into the Safe Kerala Project which involved the installation of Artificial Intelligence cameras across the State with a view to reduce road accidents [VD Satheesan MLA & Ors. v State of Kerala & Ors.].The project, called "Automated Traffic Enforcement System for Safe Kerala" was envisioned by the Transport Department to install AI (artificial intelligence) cameras across the length and breadth of the State which would capture traffic violations and issue notice to the violators.The petition alleged that the award of tenders for the installation of AI cameras resulted in "nepotism, favouritism and corruption including violation of privacy, a protected right as explained by the apex court in its judgment in Puttuswamy".It was contended that by putting private entities in charge of information of citizens, the State government has violated the right to privacy well as well as provisions of the Motor Vehicle Act and Rules."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" the PIL stated.This transfer of power from the hands of statutory authorities to private companies is contended to be per se illegal which in turn makes the fines imposed unenforceable in the eyes of law..It was also claimed that the project involved a pyramid style of corruption right from the start when the work order was issued to a State government company called KELTRON even though the finance department had raised serious objections regarding their capability to execute the same.Even while awarding subsequent tenders and sub-leasing the SLA (service-level agreement), to SRIT India Pvt. Ltd and Presadio Technologies Pvt. Ltd. respectively, there was a lot of corruption involved, the opposition leaders claimed. Therefore, it is contended that a court monitored probe is needed especially since, according to the plea, the investigating agencies in the state as well as central agencies have seemingly turned a blind eye to it all."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 plea stated.The PIL further alleged that the government jumped the gun and used outdated technology resulting in a waste of public money..For these reasons, among others, the congress leaders have sought a court monitored probe into the project with a view to "protect public money and to deter the current dispensation from copying the same pyramid pattern in other projects (which is already happening, e.g. Kfone)". .The petitioners are represented by advocates Nisha George, J Vishnu, Arun Chandran, AL Navaneeth Krishnan and Sidharth R Wariyar.