The Supreme Court said that there should be some set guidelines for the search and seizure of digital devices belonging to individuals, particularly journalists or media personnel.
A bench comprising of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia said that t is important to know that the journalists have confidential information about their sources and other confidential material in their device, which cannot be made public.
Justice Kaul orally said that there needs to be some guidelines for seizure of devices of media professionals as they have contacts on their phones sources, and this is serious.
Justice Dhulia weighed in by pointing out, they are supposed to give you the hash value (of the seized device).
Central Government was represented by Additional Solicitor General SV Raju who stated that the replied the authorities cannot be shut out from examining such devices.
The ASG contended that the chances of there being some anti-nationals among the media professionals who may harm cannot be ruled out
THE ASG clearly said that Media cannot be above the law.
The Court, still maintained that it would be dangerous if the government is given overarching powers on such issues in the absence of any guidelines.
The Central Government has been given a months time by the Apex Court to give the Central government a month’s time to suggest what guidelines could be put in place to govern such seizures of digital devices.
The Court added that the matter cannot be treated as an adversarial one, and that the government has to play a role in shaping the necessary guidelines.
The Court said this while it was hearing a PIL filed by the Foundation for Media Professionals who sought for guidelines to be put in place for the search and seizure of digital devices by law enforcement agencies.
Another such petition was placed before the top court filed by a group of five academicians and researchers.
The petition by the Academicians and Researchers had said that the investigating agencies are exercising unbridled powers when it comes to seizing digital devices that contain “much, if not all, of a citizen’s personal and professional life.
The petitioners added that such seizures must be done in a civilised by way, guided by the directives of the Supreme Court.
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