Supreme Court expresses displeasure over centre’s reply in plea seeking guidelines for seizure & examination of personal digital devices

Read Time: 04 minutes

Synopsis

The bench while directing the centre to file a fresh affidavit, remarked that it was not satisfied with the reply filed by the center. Court asked the center to file a new and proper reply with references to international practices as well. The matter will now come up for further hearing in September.

A Supreme Court bench of Justices Sanjay Kishan Kaul and Sundaresh today expressed its displeasure over Centre’s reply to a plea by certain academicians seeking formulation of guidelines for investigating agencies with respect to seizure, examination and preservation of personal digital and electronic devices and their contents.

The bench while directing the Centre to file a fresh affidavit, remarked that it was not satisfied with the reply filed by the government. The court further said that it seeks a new and proper reply with references to international practices as well. The matter will now come up for further hearing in September.

Stressing that merely pleading that the plea is not maintainable is not enough, Court asked ASG Raju, who was appearing in the matter, to personally look into it. The ASG, upon hearing court’s remarks, undertook to apply his mind in the matter and file a comprehensive reply.

During the course of the hearing, the court remarked that on many occasions such devices carry personal content or work which needs to be protected since the livelihood of people in academia depends on it.

The plea before the Supreme Court stated that the investigative agencies possess a lot of power to take control of devices that contain data pertaining to a lot of citizen’s personal and professional life. The plea urged the court to pass directions to streamline the same. It has been averred that several of the persons from whom the devices have been seized in various cases in the recent past are from the academic background and the devices contain a considerable amount of data pertaining to their life’s work.

Case title: Ram Ramasamy Vs Union of India