54
is now well settled that any infringement on the right to
privacy has to be authorised by law. However, although
the surveillance requires are sanctioned under the IT Act,
the agencies that have been notified to carry them out are
not authorised by law. Thus, to the extent that the
impugned Notification authorises these agencies, it is
further unconstitutional.
XL.
BECAUSE section 69(1) of the IT Act requires that a
direction can only be passed by the Central or State
Government of “any of its officers” specially authorised
by the Central or the State Government. However, Rule 4
of the 2009 IT Rules as well as the impugned Notification
envisage action by entire “agenc(ies) of the government”,
which is ultra vires section 69(1). Thus, in extending the
powers of interception, monitoring, and decryption to
“agencies”, beyond the remit of “authorised officers”
mentioned in Section 69(1), the 2009 IT Rules and the
Impugned Notification are unconstitutional.
36.
The Respondents are ‘State’ within the meaning of Article 12 of
the Constitution and amenable to the writ jurisdiction of this
Hon’ble Court.
37.
The Petitioners have not filed any other petition before this
Hon’ble Court or in any High Court or this Hon’ble Court for
similar reliefs.
38.
The Petitioners crave leave of this Hon’ble Court to add, alter or
amend all or any of the above grounds at the time of hearing of
the present Petition.
39.
The Petitioners submits that there is no other equal or efficacious
alternative remedy available to them.
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