NewsClick Row: SC Issues Notices on Plea Seeking Guidelines for Digital Device Search & Seizure

The Supreme Court on Friday sought responses from the Centre and investigative agencies such as the CBI and the ED, among others, regarding a petition seeking guidelines for the search and seizure of digital devices.

A bench comprising Justices B R Gavai and Sandeep Mehta issued notice on the petition filed by the news portal NewsClick and its founder, Prabir Purkayastha. The apex court stated that the matter would be heard along with pending petitions that raise similar issues.

Initially, the bench expressed its dissatisfaction with everyone directly approaching the apex court with a petition under Article 32 of the Constitution. Article 32 deals with remedies for the enforcement of rights, and 32(1) guarantees the right to move the apex court through appropriate proceedings for the enforcement of rights conferred by this part.

Senior advocate Kapil Sibal, representing the petitioners, explained that they approached the top court because other pleas raising similar issues have been entertained by the court and are currently pending. He mentioned that in the pending petitions, the Centre is expected to provide guidelines on this matter.

The bench issued notice to the Centre, the CBI, the Enforcement Directorate (ED), Income Tax department, Delhi Police, and others, seeking their responses to the plea. In the previous month’s hearing of pending petitions, the Centre informed the court that several rounds of talks have taken place to formulate guidelines for the seizure of electronic devices, such as mobile phones and laptops, especially those belonging to individuals in the media, during criminal investigations.

The Centre assured the court that, until the new guidelines are established, central probe agencies will adhere to the CBI manual for the search and seizure of such equipment. On November 7 of the previous year, the top court had directed the Centre to establish guidelines for the seizure of electronic devices, particularly those of media professionals.

On October 19 of the same year, the apex court had sought the response of the Delhi Police regarding separate pleas from NewsClick founder and its HR head, Amit Chakravarty, against their arrest under the anti-terror law UAPA. The Delhi High Court had dismissed their pleas on October 13, ruling against their arrest and subsequent police remand. Both individuals were arrested by the Special Cell of the Delhi Police on October 3, 2023.

The city police had filed cases against the two under the anti-terror law Unlawful Activities (Prevention) Act (UAPA), alleging that they received money to spread pro-China propaganda. Both have denied these allegations. According to the FIR, a significant amount of funds allegedly came from China to the news portal to “disrupt the sovereignty of India” and foster disaffection against the country.