A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia on Thursday expressed concern over delay in framing guidelines from 2021
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The Supreme Court on Thursday told the Centre to frame guidelines for the search and seizure of digital devices by law enforcement agencies within six weeks.
The court had on November 7 asked the Centre to place guidelines on the seizure of electronic devices of individuals, especially media professionals, saying impounding equipment without following a regulation was a serious matter.
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A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia on Thursday expressed concern over the delay in framing guidelines since 2021.
“The problem is the limbo in the interregnum period. Notice was issued (on the petition) in 2021. This has been going on for some time now. How long will you need? You have been holding meetings, but when will we have an outcome?” Justice Kaul asked Additional Solicitor General (ASG) SV Raju, appearing for the Centre.
When ASG Raju said that it would take the Centre one month to do the ‘bare minimum’, Justice Kaul said, “Don’t do the bare minimum. Do the maximum.”
ASG Raju said that in the conspectus of the existing Central Bureau of Investigation (CBI) manual and the Karnataka cyber crime investigation manual, and the suggestions put forth by the petitioners, a number of discussions have been held and the Centre would come up with something within six weeks.
He also said that until the guidelines are framed, the 2020 CBI manual on the seizure of digital evidence will be followed. “In the meantime, he assures the court that for the time being, at least the CBI manual will be followed by all the central government agencies,” the court noted.
The matter has now been listed for February 6.
The apex court was hearing two petitions, which are Public Interest Litigations, calling for mechanisms to be put in place to govern the search and seizure of digital devices by law enforcement and investigating agencies.
The first plea was filed by the Foundation for Media Professionals. The other plea is by a group of five academicians and researchers. The petition by the academicians says that unbridled powers were being exercised by investigating agencies when it came to seizing digital devices that contain contents regarding a citizen’s personal and professional life.
The Supreme Court had in August 2022 told the Centre to file a fresh reply to the academicians’ plea, after finding that their counter-affidavit was incomplete. The court later that year imposed a fine of ₹25,000 on the government for not filing the fresh reply.
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