The Indian government has responded to a petition filed by a group of academics and researchers seeking guidelines for investigating agencies regarding the seizure, examination, and preservation of personal digital and electronic devices and their contents. While objecting to the return of academics' personal digital and electronic devices, the Centre has stated that there can be no blanket orders to return seized devices under investigation.

According to the centre, while the right to privacy is implicit in the concept of individual autonomy and liberty, it is not an absolute right that can be limited based on compelling public interest. The Centre also stated that the vast majority of the petitioners' concerns had been noted and could be addressed by adhering to the CBI Manual, 2020. It was also stated that most agencies had procedural SOPs on the subject, and the CBI Manual dealt with the subject of digital evidence and designed a procedure with safeguards that were in accordance with the country's statutory and constitutional provisions.

According to the petitioners in the case, Ram Ramaswamy, a former Jawaharlal Nehru University (JNU) professor and researcher; Sujata Patel, a professor at Savitribai Phule Pune University; Madhava Prasad, a professor of Cultural Studies at the English and Foreign Languages University; Mukul Kesavan, a professor of Modern Indian history at Jamia Millia Islamia; and theoretical ecological economist Deepak Mal, the completely unguided power exercised by investigative agencies to seize control of devices containing a citizen's personal and professional life, which was required to be civilised by Supreme Court directives. The petition added–

"The academic community does and stores its research and writing in the electronic or digital medium, and the threat of damage, distortion, loss or premature exposure of academic or literary work in the event of seizure of electronic devices is considerable."

Case Title: Ram Ramaswamy and Ors. v. Union of India And Ors.

Citation: WP(Crl) No. 138/2021