SC demands guidelines for government seizures of devices from journalists
Judge Kaul said: “I'm finding it very difficult to accept some kind of all-within power that the agencies have...This is very dangerous"
The Supreme Court on Tuesday (November 7) made it clear that there ought to be guidelines governing the search and seizure of phones and other digital devices of individuals, particularly journalists, by official agencies.
Justices Sanjay Kishan Kaul and Sudhanshu Dhulia pointed out that media professionals could be having confidential information or details about their sources on their devices.
“So, there must be guidelines. This is serious,” Justice Kaul observed.
Additional Solicitor General SV Raju, who appeared for the Central government, argued that the authorities cannot be shut out from examining such devices.
“There are anti-nationals who may … We cannot be shutting out the investigating agency completely and total. Media cannot be above the law,” he said.
The apex court, however, underlined that it would be dangerous if the government was given overarching powers on such issues in the absence of any guidelines.
Unreasonable state actors
The court was hearing a public interest litigation filed by the Foundation for Medical Professionals urging the court to establish safeguards against unreasonable interference by law enforcement agencies and create comprehensive guidelines for search and seizure of digital devices.
During the hearing, Justice Kaul said the guidelines were needed to ensure the powers of the agency were not misused.
Addressing Raju, the judge said: “I'm finding it very difficult to accept some kind of all-within power that the agencies have...This is very dangerous. You must have better guidelines.
“If you want us to do it, we'll do it. But my view is that you ought to do it yourself. It's time that you ensure that this is not misused. It can't be a State that's run only through its agencies.
“We'll give you time, no difficulty. But you must analyse what kind of guidelines are necessary to protect them,” added the judge.
A month’s time
The court proceeded to give the Central government a month's time to suggest what guidelines could be put in place to govern such seizures of digital devices.
The Supreme Court is also seized of another similar petition filed by a group of five academics and researchers.
It has been contended that unbridled powers were being exercised by investigating agencies when it comes to seizing digital devices that contain "much, if not all, of a citizen’s personal and professional life".
The petitioners contended that such seizures must be done in a civilised by way.
