SC Asks Centre to Expedite Guidelines on Electronic Device Seizures

On December 6, the Central government informed the Supreme Court that a committee is in the process of formation, and guidelines are forthcoming regarding the seizure of electronic devices, including phones and laptops, by investigating agencies. The bench scheduled the next hearing for December 14.

The Supreme court of India, on November 7, had directed the Centre to establish guidelines for the seizure of electronic devices belonging to individuals, particularly media professionals, emphasizing the gravity of the issue.

Appearing on behalf of the Centre, Additional Solicitor General (ASG) S V Raju informed the bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia that the committee is actively being established, and guidelines will be presented.

ASG requested the bench for some additional time.

The Supreme court was addressing two petitions, one of which was filed by the ‘Foundation For Media Professionals,’ seeking comprehensive guidelines for the search and seizure of digital devices by investigating agencies.

During the hearing, senior advocate Nitya Ramakrishnan, representing one of the petitioners, expressed concerns about the delay in the Centre formulating guidelines in this matter.

Justice Sanjay Kishan Kaul inquired about the timeline, stating, “Mr. Raju, what is the problem? There must be some end to this time frame.”

In response, the ASG assured, “We are positive as far as this is concerned; some guidelines will come out.”

When reminded that two years had passed since a notice was issued, the ASG stated, “We are going to come out positive, they may give their suggestions, and we will consider them.”

The bench pressed for a timeline, pointing out that the petitioners had already provided their suggestions.

ASG committed to returning with something by the next week. The bench scheduled the next hearing for December 14.

Senior advocate Ramakrishnan expressed concern about the matter being removed from the list on that day.

Justice Sanjay Kishan Kaul responded, “That also I cannot guarantee.”

Senior advocate Ramakrishnan highlighted the seizure of 300 devices from around 90 journalists in the NewsClick case, causing hindrance to their work.

Senior advocate Ramakrishnan emphasized that the delay in formulating guidelines amounted to an assault on press and academic freedom.

The bench acknowledged the commitment for next week but urged the ASG to expedite the process.

The ASG assured the bench that the committee formation was underway, and he would attempt to accelerate the proceedings. The bench concluded the session, noting the next hearing on December 14.

During the previous month’s hearing, one of the counsels for the petitioners had underscored the significance of the issue, emphasizing the absence of guidelines on when and how probe agencies seize electronic devices.