SYNOPSIS
The present Writ Petition under Article 32 of the Constitution of
India, filed in public interest, seeks to challenge the constitutional
validity of:i.
Section 69 of the Information Technology Act, 2000 [“IT Act”].
ii.
The Information Technology (Procedure for Safeguards for
Interception, Monitoring and Decryption of Information) Rules,
2009 [“2009 IT Rules”] enacted pursuant to Section 69(2) read
with Section 87(2)(y) of the IT Act.
iii.
The Notification dated 20.12.2018 (bearing No. 14/07/2011-T)
[“Impugned Notification”], wherein ten (10) Security and
Intelligence Agencies [“Authorised Agencies”] of the Central
Government have been authorised to intercept, monitor, and
decrypt [collectively described as “Electronic Surveillance”]
any information generated, transmitted, received, or stored in any
computer resource.
The Impugned Notification, the first of its kind issued under
Section 69(2) of the IT Act read with Rule 4 of the 2009 IT Rules, has
essentially activated the unconstitutional surveillance mechanism
erected by the Act and Rules, necessitating urgent intervention by this
Hon’ble Court, especially since the institutional structure created
provides for no judicial oversight which, as shall be elaborated
hereunder, would be a minimum requirement for the provisions in
question to pass muster from a constitutional standpoint. It is the
Petitioners’ case that the Impugned Provisions, i.e. Section 69 of the IT
Act and the 2009 IT Rules, as also the Impugned Notification, are
violative of Articles 14, 19, 20 and 21 of the Constitution of India and,
specifically, impact the right to privacy and fail the test of
proportionality, the substantive contents of which have been articulated