6
3.
At the outset, the Petitioners submit that the electronic
surveillance regime is thoroughly incompatible with the spirit of
directions issued by this Hon’ble Court in People’s Union for
Civil Liberties v. Union of India (1997) 1 SCC 301
(“Wiretapping Judgment”), in the context of rampant and
illegal tapping of telephonic conversations under the Telegraph
Act, 1885. In any event, the rapid growth of ICT and dangers it
poses to civil rights, the safeguards guaranteed under the
Wiretapping Judgment (supra) require to strengthened, or
perhaps, reconsidered. Pertinently, the decisions of this Hon’ble
Court in Puttaswamy (Privacy) and Puttaswamy (Aadhaar)
have enumerated the evolving boundaries and safeguards
necessary against violation of individual liberties and freedoms
in the digital age. Justice Sanjay Kishan Kaul in Puttaswamy
(Privacy) (concurring) aptly underscored the concerns of
surveillance in the following words:
“585. The growth and development of technology has created
new instruments for the possible invasion of privacy by the
State, including through surveillance, profiling and data
collection and processing. Surveillance is not new, but
technology has permitted surveillance in ways that are
unimaginable. Edward Snowden shocked the world with his
disclosures about global surveillance. States are utilising
technology in the most imaginative ways particularly in view
of increasing global terrorist attacks and heightened public
safety concerns. One such technique being adopted by the
States is “profiling”. …”
4.
To this end, the present Writ Petition raises several important
questions of law involving interpretation of the Constitution. In
particular, this Hon’ble Court has to examine: