New Delhi: The Supreme Court Tuesday asked the Centre to put in place guidelines regarding seizure of electronic devices like phones and laptops of individuals, particularly media professionals.
A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia termed the matter serious and conveyed its concern to Additional Solicitor General (ASG) S V Raju, representing the Centre, in connection with sweeping powers of probe agencies. Justice Kaul observed, “Mr Raju, I find it very difficult to accept that some kind of an all-within power which the agencies have. This is very, very dangerous."
A counsel, representing one of the petitioners, contended that it is an important issue as there were no guidelines with regard to when and how will the probe agencies seize electronic devices. Raju requested the court to give him some time in the matter as complicated legal issues have been raised. The ASG raised the issue of serial offenders or 'anti-national' elements who conceal material data.
The petitioner’s counsel highlighted the issue regarding state’s power, and the individual’s rights, including the right to privacy. The bench said the media professionals will have their own sources and other aspects and this is a serious matter. “Now, if you just take everything away, there is a problem…there must be some guidelines,” said the bench. The bench told Raju the government must analyse the nature of guidelines necessary to protect the interest of both sides.
The bench orally remarked that it cannot be that state which runs only through its agencies and it is time for “you people to do it yourself to ensure that it is not misused.” The bench asked Raju to work on the aspect of balancing of interest and proper guidelines needed to protect the interests of the media professionals and scheduled the matter for further hearing in December.
The apex court made these observations while hearing two petitions, including the one filed by ‘Foundation for Media Professionals’. The organization sought comprehensive guidelines for search and seizure of digital devices by the investigating agencies.
