17
20.
The procedure to be followed for issuing valid orders or
directions for surveillance has been prescribed by the Central
Government by virtue of Sections 7(2)(b) and 87(2)(y) of the
Telegraph Act and IT Act, respectively. In the case of Telegraph
Act, the Central Government inserted Rule 419A to the
Telegraph Rules, 1951 to lay down the procedure for interception
of any message or class of messages transmitted through a
telegraph. Likewise, the 2009 IT Rules, impugned herein,
provides a detailed scheme for interception, monitoring, and
decryption of information in any computer resource.
21.
Pertinently, Rule 419A of the Telegraph Rules and the 2009 IT
Rules are identical in several respects. Key aspects relevant for
the present Petition are specified below:
TELEGRAPH ACT
Competent
Secretary
Authority
Department,
of
IT ACT
Home Secretary
and
of
in Department,
Home
and
in
unavoidable circumstance, unavoidable circumstance,
the Joint Secretary
Competent
the Joint Secretary
Head or Second Senior Head or Second Senior
Authority, in Most officer of security Most officer of security
case of
and
law
enforcement and
law
enforcement
emergency
agencies, at Central Level. agencies, at Central Level.
Director General of Police Director General of Police
or equivalent rank, at State or equivalent rank, at State
and UT level.
and UT level.
Composition At the Central Level:
of Review
Committee
(a) Cabinet Secretary,
Chairman
(b) Secretary (Law)
(c) Secretary (DOT)
Review
Committee(s)
constituted
under
Rule