51
XXXII.
BECAUSE, Section 69(1) of the IT Act does not contain
even the bare minimum exception that is present in the
proviso to section 5(2) of the Telegraph Act, which
provides that press messages, intended to be published in
India of correspondents accredited to the Central
Government or a State Government shall not be
intercepted or detained, unless their transmission has been
prohibited under Section 5(2) of the Telegraph Act.
G.
SECTION 69
ARE
OF THE
IT ACT AND THE 2009 IT RULES
DISPROPORTIONATE,
VAGUE,
ARBITRARY,
AND
SUFFER FROM THE VICE OF EXCESSIVE DELEGATION
XXXIII.
BECAUSE it is settled law, as noted by this Hon’ble
Court in Shreya Singhal v Union of India, (2015) 5 SCC
1, that a law can be struck down as being void for
vagueness. A vague law impermissibly delegates basic
policy matters to other authorities for resolution on ad hoc
and subjective basis’, with the attendant dangers of
arbitrary and discriminatory application. The void for
vagueness doctrine requires that regulated parties should
know what is required of them, so that they may act
accordingly, which is not the case with the Act.
XXXIV.
BECAUSE Section 69(1) of the IT Act permits both the
Central and State governments to “intercept, monitor or
decrypt” or “cause to be intercepted, monitored or
decrypted” any information “generated, transmitted,
received or stored” in any “computer resource” (as defined
under Section 2(1)(k) of the IT Act), without providing
any adequate safeguards to prevent the infraction of
fundamental rights under Articles 19(1)(a) and 21 of the
Constitution, and therefore is unconstitutional.
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