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Express News Service
NEW DELHI: In a significant development, the Supreme Court on Thursday granted the Central government six weeks to establish guidelines for the search and seizure of digital devices belonging to accused individuals during interrogations, arrests, or related incidents conducted by police and law enforcement agencies. Further hearings on this issue have been scheduled for February 6.
The apex court addressed a Public Interest Litigation (PIL) filed by the Foundation for Media Professionals (FMP), seeking safeguards and the creation of a Standard Operating Procedure (SOP) to prevent unreasonable interference by law enforcement agencies during interrogations or related procedures involving accused individuals.
A two-judge Bench, led by Justice Sanjay Kishan Kaul and also comprising Justice Sudhanshu Dhulia, expressed concern about the prolonged delay by the Centre in framing guidelines since 2021 and questioned the timeframe.
In its interim order, the Supreme Court directed all Central government agencies to strictly adhere to the CBI Manual for the search and seizure of digital devices until the official guidelines are established by the Central government.
The FMP also requested the Top Court to direct the relevant authorities and probe agencies to develop comprehensive guidelines for the search and seizure of digital devices. Senior advocate Nitya Ramakrishnan, representing the petitioners, emphasized the urgent need for guidelines and suggested taking copies of necessary data from devices instead of seizing the entire content.
Ramakrishnan highlighted that 300 journalists were raided in connection with the recent Newsclick case. The petition emphasized the growing reliance on personal digital devices by media professionals, involving confidential information, private correspondence with sources, and remote collaboration for breaking news stories in the public interest. The petitioner argued for specific legal safeguards to protect the right to privacy in the digital space.
Rapped for sluggish approachOn December 6, the Supreme Court had expressed dissatisfaction with the delayed formulation of guidelines by the Centre for the search and seizure of personal digital devices by law enforcement agencies during raids on accused individuals. The two-judge bench, led by Justice Sanjay Kishan Kaul and also comprising Sudhanshu Dhulia, criticised the government’s sluggish approach, stating, “What have you (Centre) done so far? It has been more than two years in this particular PIL.” The comments were made during the hearing of a Public Interest Litigation filed by the Foundation for Media Professionals.
Also in top court
SC to hear Mahua plea todayA two-judge Supreme Court bench, comprising Justices Sanjiv Khanna and SVN Bhatti, will hear the plea of TMC leader Mahua Moitra at around 12 pm on Friday. The 49-year-old MP has knocked the doors of the top court on Monday, three days after her expulsion from Lok Sabha after the Lower House’s Ethics Committee found her guilty in a ‘cash for query’ allegation. “The ethics committee order is unfair, unjust and arbitrary,” read her petition, which sought enforcement of her fundamental rights under the Constitution. The petition said she was denied the principles of natural justice during the probe.
BSP MP gets conditional reliefIn a majority verdict, a three-judge Supreme Court bench on Thursday conditionally suspended the conviction of former Bahujan Samaj Party (BSP) MP Afzal Ansari in a 2007 Gangster Act case. The order of the bench permitted Ansari, the former MP from Ghazipur constituency in Uttar Pradesh, to attend proceedings of the Lok Sabha. However, it restrained him from casting his vote in the House or drawing any perk. Ansari, a five-time MLA and two-time parliamentarian, was disqualified as MP of the Lok Sabha on May 1, as he was convicted and sentenced to four years in prison in the case. Follow channel on WhatsApp
NEW DELHI: In a significant development, the Supreme Court on Thursday granted the Central government six weeks to establish guidelines for the search and seizure of digital devices belonging to accused individuals during interrogations, arrests, or related incidents conducted by police and law enforcement agencies. Further hearings on this issue have been scheduled for February 6.
The apex court addressed a Public Interest Litigation (PIL) filed by the Foundation for Media Professionals (FMP), seeking safeguards and the creation of a Standard Operating Procedure (SOP) to prevent unreasonable interference by law enforcement agencies during interrogations or related procedures involving accused individuals.
A two-judge Bench, led by Justice Sanjay Kishan Kaul and also comprising Justice Sudhanshu Dhulia, expressed concern about the prolonged delay by the Centre in framing guidelines since 2021 and questioned the timeframe.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
In its interim order, the Supreme Court directed all Central government agencies to strictly adhere to the CBI Manual for the search and seizure of digital devices until the official guidelines are established by the Central government.
The FMP also requested the Top Court to direct the relevant authorities and probe agencies to develop comprehensive guidelines for the search and seizure of digital devices. Senior advocate Nitya Ramakrishnan, representing the petitioners, emphasized the urgent need for guidelines and suggested taking copies of necessary data from devices instead of seizing the entire content.
Ramakrishnan highlighted that 300 journalists were raided in connection with the recent Newsclick case. The petition emphasized the growing reliance on personal digital devices by media professionals, involving confidential information, private correspondence with sources, and remote collaboration for breaking news stories in the public interest. The petitioner argued for specific legal safeguards to protect the right to privacy in the digital space.
Rapped for sluggish approach
On December 6, the Supreme Court had expressed dissatisfaction with the delayed formulation of guidelines by the Centre for the search and seizure of personal digital devices by law enforcement agencies during raids on accused individuals. The two-judge bench, led by Justice Sanjay Kishan Kaul and also comprising Sudhanshu Dhulia, criticised the government’s sluggish approach, stating, “What have you (Centre) done so far? It has been more than two years in this particular PIL.” The comments were made during the hearing of a Public Interest Litigation filed by the Foundation for Media Professionals.
Also in top court
SC to hear Mahua plea today
A two-judge Supreme Court bench, comprising Justices Sanjiv Khanna and SVN Bhatti, will hear the plea of TMC leader Mahua Moitra at around 12 pm on Friday. The 49-year-old MP has knocked the doors of the top court on Monday, three days after her expulsion from Lok Sabha after the Lower House’s Ethics Committee found her guilty in a ‘cash for query’ allegation. “The ethics committee order is unfair, unjust and arbitrary,” read her petition, which sought enforcement of her fundamental rights under the Constitution. The petition said she was denied the principles of natural justice during the probe.
BSP MP gets conditional relief
In a majority verdict, a three-judge Supreme Court bench on Thursday conditionally suspended the conviction of former Bahujan Samaj Party (BSP) MP Afzal Ansari in a 2007 Gangster Act case. The order of the bench permitted Ansari, the former MP from Ghazipur constituency in Uttar Pradesh, to attend proceedings of the Lok Sabha. However, it restrained him from casting his vote in the House or drawing any perk. Ansari, a five-time MLA and two-time parliamentarian, was disqualified as MP of the Lok Sabha on May 1, as he was convicted and sentenced to four years in prison in the case. Follow channel on WhatsApp
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