New Delhi: The Centre Wednesday told the Supreme Court that it is constituting a committee and guidelines will be framed in connection with the seizure of electronic devices such as phones and laptops by investigating agencies.
Additional Solicitor General (ASG) S V Raju, representing the Centre, contended before a bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, that the committee is being set up and “we will come out with guidelines”, and urged the court to grant him some time.
Senior advocate Nitya Ramakrishnan, representing one of the petitioners, submitted that the Centre has delayed in coming up with guidelines on this matter. Justice Kaul told Raju, “What is the problem? There must be some end to this time frame”.
The ASG replied, “We are positive as far as this is concerned, some guidelines will come out.” The apex court cited that two years have passed since a notice was issued on one of the petitions. Raju assured the court that the government would come out positive and the petitioners may give their suggestions for the concerned authorities to consider them.
The bench said the petitioners had already given their suggestions, and asked Raju, “When will you come up with the guidelines?” Raju submitted that he will come back with something next week.
At this juncture, Ramakrishnan said, “I am anxious that it should not be deleted from the list that day.” Justice Kaul replied that he cannot guarantee that. The apex court was informed that 300 devices have been seized from some 90 journalists following the NewsClick case. “This is absolutely an assault on press freedom and academic freedom and they want to continue doing it. That is why they are delaying it endlessly,” said the petitioner’s counsel.
The apex court said “for a change, they have said next week”, and scheduled the matter for further hearing on December 14. The apex court was hearing two petitions, including one filed by ‘Foundation for Media Professionals’, seeking comprehensive guidelines for the search and seizure of digital devices by investigating agencies.
On November 7, the Supreme Court had asked the Centre to put in place guidelines on seizure of electronic devices like phones and laptops of individuals, particularly media professionals.
The apex court 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 had then 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 I think”.
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