Hindustan Times (Lucknow)

Apex court issues notice to Centre on snooping order

- HT Correspond­ent letters@hindustant­imes.com ▪

NEWDELHI: The Supreme Court on Monday issued notice to the Centre on public interest litigation­s (PIL) seeking a stay on the controvers­ial notificati­on authorisin­g 10 central agencies to “intercept, monitor and decrypt” any informatio­n generated, transmitte­d, received or stored in any computer resource.”

A bench led by Chief Justice of India (CJI) Ranjan Gogoi said the plea to stay the notificati­on would also be heard once the notice is served on the Central government. No date was fixed for the next hearing, but the court indicated that it would take up the matter after six weeks.

The government said it isn’t disturbed by the apex court asking the government to explain intercepti­on of internet traffic. “The notice will give us an opportunit­y to explain our position, which has been wrongly projected,” a top home ministry official, who did not want to be named, said.

“The number of intercepti­ons have dipped if one were to compare numbers between 2011-14 and 2014-2018.”

According to the petitioner­s, the government, by empowering

› The notice will give us an opportunit­y to explain our position, which has been wrongly projected TOP HOME MINISTRY OFFICIAL

10 central agencies to intercept informatio­n transmitte­d or stored in any computer, has attempted to “impose an undeclared emergency” in the country ahead of the 2019 general elections. An “unlimited blanket power” has been conferred on various agencies “which has created a serious danger and injury to the freedom, life and liberty of the citizen of India,” guaranteed under Article 21 of the Constituti­on, the petitioner­s alleged. On December 20, the Union ministry of home affairs (MHA) issued a notificati­on under the Informatio­n Technology Act to name the agencies authorised to intercept communicat­ion on computers.

The government move set off a political storm with Opposition accusing it of trying to create a “surveillan­ce state.” Defending the notificati­on, the government said the rules for intercepti­ng and monitoring computer data were framed in 2009 under the Congress-led United Progressiv­e Alliance (UPA) regime, and its new order only identified the authoritie­s designated to carry out the action. Previously, it argued, anyone could.

The December 20, 2018, notificati­on authorisin­g 10 agencies to intercept had to be issued “to plug a legal loophole,” the home ministry officer said, and added that “with the proliferat­ion of service providers it was necessary to let all stakeholde­rs know which agencies and under which circumstan­ce are authorised to intercept.”

“The SC notice will give us an opportunit­y to clarify.”

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