Hindustan Times ST (Jaipur)

SC seeks govt reply on PIL against ‘ snooping’ order

- Press Trust of India letters@hindustant­imes.com

NOD TO MONITOR Plea terms govt notificati­on ‘illegal, unconstitu­tional and ultra vires to law’ THE PLEA SEEKS TO PROHIBIT THE AGENCIES FROM INITIATING

ANY CRIMINAL PROCEEDING­S, ENQUIRY OR INVESTIGAT­ION AGAINST ANYBODY UNDER THE PROVISIONS OF THE IT ACT BASED ON THE NOTIFICATI­ON

NEWDELHI: The Supreme Court on Monday issued notice to the Centre on a plea challengin­g the notificati­on authorisin­g 10 central agencies to intercept, monitor and decrypt any computer system and sought a response within six weeks.

On December 20, the government had issued a notificati­on empowering 10 government agencies, under the Informatio­n Technology (IT) Act, to monitor and decrypt any informatio­n stored in electronic device on grounds of internal security.

The 10 agencies notified under the new order are the Intelligen­ce Bureau, Narcotics Control Bureau, Enforcemen­t Directorat­e, the Central Board of Direct Taxes (for Income Tax Department), Directorat­e of Revenue Intelligen­ce, Central Bureau of Investigat­ion, National Investigat­ion Agency, the Research and Analysis Wing, Directorat­e of Signal Intelligen­ce (in service areas of Jammu and Kashmir, n North East and Assam) and Delhi Police commission­er.

The PIL challengin­g the government’s notificati­on came up before a bench headed by Chief Justice Ranjan Gogoi.

Filed by advocate Manohar Lal Sharma, the plea termed the notificati­on “illegal, unconstitu­tional and ultra vires to the law”. He also sought to prohibit the agencies from initiating any criminal proceeding­s, enquiry or investigat­ion against anybody under the provisions of the IT Act based on the notificati­on.

The petition alleged that the notificati­on gives the state the right to access every communicat­ion, computer and mobile and “to use it to protect political interest and object of the present executive political party”.

The government’s move set off a political storm with Congress president Rahul Gandhi targeting Prime Minister Narendra Modi, saying, “Converting India into a police state isn’t going to solve your problems, Modi Ji. It’s only going to prove to over 1 billion Indians what an insecure dic- tator you really are.”

However, the Central government said the rules for intercepti­ng and monitoring computer data were framed in 2009 when the Congress-led UPA was in power and its new order only notified the designated authority which can carry out such action.

Finance minister Arun Jaitley had maintained during the winter session in Rajya Sabha that “authorised agencies have right under the law to intercept any attempt to subvert national security, defence, public order or integrity of India”.

 ?? HT FILE ?? The PIL challengin­g the government’s notificati­on came up before a bench headed by Chief Justice Ranjan Gogoi.
HT FILE The PIL challengin­g the government’s notificati­on came up before a bench headed by Chief Justice Ranjan Gogoi.

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