I
messages transmitted by individuals through the
‘telegraph’.
18.12.1996
This Hon’ble Court in People’s Union for Civil
Liberties v. Union of India (1997) 1 SCC 301
(“Wiretapping Judgment”) issued a series of
safeguards to the Executive in phone tapping, to
protect the fundamental rights of citizens.
2007
Almost a decade later, the Central Government
inserted Rule 419A to the Telegraph Rules, 1951 to
codify the binding direction issued by this Hon’ble in
the PUCL Wiretapping judgment (supra).
05.02.2009
By virtue of Information Technology (Amendment)
Act, 2008, the Parliament amended Section 69 of the
IT Act (impugned herein) to permit the Executive to
“monitor” and “decrypt” electronic communications, in
addition to interception. Moreover, the Amendment
also introduced two additional grounds (viz., ‘defence
of India’ and ‘investigation of any offence’) to cause
electronic surveillance, which were not present in the
Telegraph Act.
27.10.2009
The
Information
Safeguards
for
Technology
Interception,
(Procedure
for
Monitoring
and
Decryption of Information) Rules, 2009 [“2009 IT
Rules”] enacted pursuant to Section 69(2) read with
Section 87(2)(y) of the Act was brought into force. The
provisions contained therein are similar to safeguards
contained in Rule 419A of the Telegraph Rules.