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According to the counsels, in December 2018, petitioner Apar Gupta, the Co-founder and Executive Director of the Internet Freedom Foundation (IFF) filed six applications under the Right to Information Act seeking details of a number of orders passed under Section 69 of the IT Act between January 2016 and December 2018 granting permission for electronic surveillance.However, the Central Public Information Office (CPIO) disposed of his request arguing that disclosure of information related to lawful interception/phone tapping/monitor or decrypt is exempted under the RTI. It is submitted that the petitioner has been denied his fundamental right to access to information for nearly three years due to delay attributable entirely to the Respondents.In the plea, the petitioner sought a writ, order, or direction to set aside the July 30 order issued by the First Appellate Authority (FAA) notified by the Ministry of Home Affairs under the Right to Information Act 2005 whereby the Ministry refused to disclose any information sought by the Petitioner regarding issuance of orders passed under Section 69 of the Information Technology Act 2000.

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