124
state has in effect resulted in a system where the powers for issuing
orders, execution and review are with the executive. The current
legal framework as per the Telegraph Act or the Information
Technology Act do not provide for a judicial oversight. In fact, the
Supreme Court held in the PUCL case that that in the absence of any
provision in the statute, it is not possible to provide for prior judicial
scrutiny as a procedural safeguard. In view of the current
surveillance rich environment cloaked in secrecy, it is time to start
discussing whether judicial interference is required to balance
privacy of citizens with compelling interests of the state.
TRUE COPY
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents