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not extend to an entire (religious/geographic etc.) section
of the population. In this respect, it is respectfully
submitted that, in Puttaswamy (Privacy), it is made clear
that bulk or “mass” surveillance is ruled out under the
proportionality standard. In paragraph 70, while referring
to the PUCL (Wiretapping) judgment, Chandrachud J.
observed that: “The requirements also mandate describing
the nature and location of the facilities from which the
communication is to be intercepted, the nature of the
communication and the identity of the person, if it is
known.”
XXXVII.
BECAUSE this Hon’ble Court in A.K. Roy v Union of
India, (1982) 1 SCC 271, a similarly broad expression “supplies and services essential to the life of the
community” - was struck down for over-breadth, in the
absence of specific enumeration of the good and supplies.
XXXVIII.
BECAUSE apart from the above restriction on any person
or class of persons, there are no restrictions on the
interception, decryption, monitoring or disclosure of
information by executive officers, done without any
targeting.
H.
XXXIX.
THE IMPUGNED NOTIFICATION IS UNCONSTITUTIONAL
BECAUSE the security and intelligence agencies that
have been notified and authorised under the impugned
notification to carry out the interception, monitoring and
decryption activities, particularly the Intelligence Bureau,
Central Bureau of Investigation, and the Cabinet
Secretariat (Research & Analysis Wing) lack a statutory
basis, and are therefore hit by the Puttaswamy standard. It
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