SYNOPSIS The present Writ Petition under Article 32 of the Constitution of India, filed in public interest, seeks to challenge the constitutional validity of:i. Section 69 of the Information Technology Act, 2000 [“IT Act”]. ii. The Information Technology (Procedure for Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 [“2009 IT Rules”] enacted pursuant to Section 69(2) read with Section 87(2)(y) of the IT Act. iii. The Notification dated 20.12.2018 (bearing No. 14/07/2011-T) [“Impugned Notification”], wherein ten (10) Security and Intelligence Agencies [“Authorised Agencies”] of the Central Government have been authorised to intercept, monitor, and decrypt [collectively described as “Electronic Surveillance”] any information generated, transmitted, received, or stored in any computer resource. The Impugned Notification, the first of its kind issued under Section 69(2) of the IT Act read with Rule 4 of the 2009 IT Rules, has essentially activated the unconstitutional surveillance mechanism erected by the Act and Rules, necessitating urgent intervention by this Hon’ble Court, especially since the institutional structure created provides for no judicial oversight which, as shall be elaborated hereunder, would be a minimum requirement for the provisions in question to pass muster from a constitutional standpoint. It is the Petitioners’ case that the Impugned Provisions, i.e. Section 69 of the IT Act and the 2009 IT Rules, as also the Impugned Notification, are violative of Articles 14, 19, 20 and 21 of the Constitution of India and, specifically, impact the right to privacy and fail the test of proportionality, the substantive contents of which have been articulated

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