25
contents of surveillance
orders,
person(s),
including
the
computer
resource(s), and grounds.
25.
It is also pertinent to note that in PUCL Wiretapping (supra),
the vires of the parent statute - Section 5(2) of the Telegraph Act
of 1885 - that authorised phone-tapping, was not “seriously
challenged”.
B.
Questionable Efficacy & Institutional Capacity under the
Telegraph Rules & 2009 IT Rules
26.
Based on information available in public domain, the Petitioners
submit that the safeguards suggested by this Hon’ble Court in
PUCL Wiretapping (supra) have not been effectively
implemented by the Respondents and reveal a malice of
inadequate institutional capacity and credible oversight on use of
surveillance regulations. For example:
(a)
At any given point of time, the Authorised Agencies
maintain surveillance on a large number of telephones and
electronic devices. According to a news report published
in India Today on 20.12.2010, more than 6,000 telephones
were under watch in New Delhi alone. The list included
bureaucrats, military officials, corporates, journalist and
NGOs. True Copy of article “The Secret World of
Telephone Tapping” published on India Today on
20.12.2010 is annexed herewith as ANNEXURE P-6
(Page Nos. 111 to 119).
(b)
The Competent Authority receives and grants authorisation
to a large number of surveillance requests. In response to
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents