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The Ministry of Home Affairs, Cyber and Information Security Division in its order dated 20th December 2018, approved theIntelligence Agencies to intercept, Monitor, Decrypt the information generated, transmitted, received or stored in any computer resource. This power will empower the authorities like RAW, IB, NCB, CBI & other security agencies to intercept the information on the computer resources.
A PIL was filed by an Aerospace engineer who is pursuing LLB (Honors) from IIT Kharagpur. This PIL was filed by the petitioner under Article 226 of the Indian Constitution on the ground that such order of the Central Government has violated the Article 14 of the Constitution of India; Powers given by this order gives the powers to the executive beyond the scope of Sec 69 of the IT Act. The petitioner also contested that giving such arbitrary wide power to the executive and that too without any safeguard would impinge the Fundamental Rights granted by the Constitution of India. The petitioner also contested that this widened power to the executive will not only violate Article 14 but will also violate Article 19(1)(a) – Freedom of Speech and Expression by putting unnecessary restrictions on the citizens.
The bench comprising of CJ Govind Mathur & Justice C D Singh, accepted the PIL in spite of the technical objections raised by the Attorney Solicitor General of India. ASG opposed the PIL fled on the technical ground that the petitioners had not disclosed the credentials and the requirements under Chapter 22 of the High Court rules The HC however accepted the PIL sating that it can ignore such technical objections while exercising its power under Article 226 of the Indian Constitution. Further the bench issued notice to the government authorities, Secretaries of the Ministries of Home and the Law Ministry and were directed to file counter affidavits by next hearing date - 1st Feb 2019.
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