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With around 5 PIL’s filed against the Ministry of Home Affairs 20th December 2018notification, authorising 10 Security and Intelligence agencies to intercept, monitor and decrypt any information generated, transmitted, received or stored in any computer, the Apex Court noticed the Central Govt on 14th Jan 2019.
Section 69(1) of the Information Technology Act, states that the Central Government may authorise any agency and such agency may if necessary in the interest of the sovereignty or integrity of India, defence of India, public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence, may intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource.
Senior Counsel K. V. Vishwanathan pointed out the 2018 judgment of the five-judge bench of the apex court where Section 33(1) of the Aadhaar Act& also said this notification is a serious infringement of privacy.
However, the govt while clarifying said that the new order does not confer any new powersto any security or law enforcement agency. They further said that the rules pertaining to Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) were framed during the UPA regime in 2009. Adding to it they also said "each case" of computer interception, monitoring and decryption is "to be approved by the competent authority, which is the Union home secretary".
The bench, comprising of CJ Ranjan Gogoi, Justice Ashok Bhushan and JusticeS. K. Kaul, declined to stay the operation of the order in the interim as of now.
The petition filed by the Internet Freedom Foundation prayed that a writ of Mandamus or any other appropriate writ, declaration, or order to declare Section 69 of the Information Technology Act, 2000 as ultra vires with the Articles 14, 19(1)(a), 19(1)(d), and 21 of the Indian Constitution.
Also, Issue a writ of Mandamus or any other appropriate writ, declaration, or order to declare The Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 as ultra vires to Articles 14, 19(1)(a), 19(1)(d), and 21 of the Indian Constitution and that issue a writ of Certiorari or any other appropriate writ, to quash the Impugned Notification dated 20.12.2018 issued by Ministry of Home Affairs.
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