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fide in public interest for the benefit of Internet users and citizens
of India. Since these persons are numerous, and unaware of
directions given to conduct electronic surveillance of their
communications under the impugned provisions, given the
inherently secret nature of surveillance, they are unlikely to
approach this Hon’ble Court. There is no civil, criminal or
revenue litigation, involving the Petitioners, that is pending or
decided in relation to issues raised in the present Writ Petition.
13.
The Petitioners have not made any representation to the
Respondents thus far, in view of the urgency involved and grave
violation of fundamental rights. The Petition is based on
authentic information and other public documents sourced from
the Respondents. The Petitioners have means to pay costs, if any,
imposed by the Hon’ble Court and on an undertaking to the
Hon’ble Court in that respect.
14.
Union of India, Respondent No. 1 herein, is represented through
the Secretary of Department of Legal Affairs under the Ministry
of Law & Justice in accordance with the Government of India
(Allocation of Business) Rules, 1961. The Ministry of Law &
Justice is responsible for defending cases relating to the
constitutional validity of central legislations and rules before this
Hon’ble Court.
15.
Ministry of Home Affairs, under the Central Government, is
Respondent No. 2 herein, and is represented through the Home
Secretary, who is the designated ‘Competent Authority’ by virtue
of Rule 2(d)(i) of the 2009 IT Rules and is responsible for
authorising directions for electronic surveillance under Section
69(1) read with Rule 3 of the 2009 IT Rules.