SC urges swift establishment of guidelines for digital device searches

SC urges swift establishment of guidelines for digital device searches

In a recent legal development, the Supreme Court has directed the Central government to promptly formulate guidelines concerning the search and seizure of personal digital devices by law enforcement agencies.

The bench, led by Justices SK Kaul and Sudhanshu Dhulia, underscored the urgency of the matter, stating, "Get it done." The call for swift action comes amid the court's insistence on adherence to a specific timeframe, emphasizing that two years have passed since the initiation of the case.

During the proceedings, Additional Solicitor General (ASG) SV Raju sought additional time, citing the formation of a committee and expressing optimism about producing positive outcomes. However, the bench responded by questioning the delay, highlighting the elapsed time since the issuance of notice on the matter.

The court has scheduled further consideration of the case for December 14, indicating its commitment to expediting the process. The ongoing Public Interest Litigation (PIL), filed by the Foundation for Media Professionals, centers on the need for clear regulations regarding the seizure of personal digital devices. In the preceding month, the court granted the Central government a one-month period to propose comprehensive guidelines on this matter.

During the recent proceedings, Senior Advocate Nitya Ramakrishnan emphasized the indispensability of guidelines, proposing an alternative approach of obtaining copies of necessary data instead of complete device seizures. The senior counsel raised concerns over the NewsClick case, where 300 journalists were reportedly raided, characterizing it as an "absolute assault." This incident underscores the pressing need for interim guidelines to address the alarming number of raids on journalists, further highlighting the gravity of the situation.

Case: Foundation for Media Professionals vs. Union of India and Ors.

 

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