7
(a)
What is the standard for establishing an infringement of
fundamental rights, and demonstrating “harm”, in the
context of State-enabled surveillance, which, by its very
definition, involves a modicum of secrecy?
(b)
Whether the standards laid down in the Wiretapping
Judgment (supra) require to be updated in view of the
proliferation of electronic and digital surveillance, in the
modern world?
(c)
Whether the existing legal regime under the IT Act, the
2009 IT Rules, and the impugned Notification, especially
the lack of procedural safeguards and the overbroad nature
of the provisions, conforms with the principle of
proportionality, set out in Puttaswamy (Privacy) and
Puttaswamy (Aadhaar)?
5.
To best of our knowledge, there is no other Petition, either
pending or disposed off, that has been filed before this Hon’ble
Court or any other court challenging the constitutional validity of
Section 69 of the IT Act and 2009 IT Rules. The Impugned
Notification dated 20.12.2018 (bearing No. 14/07/2011-T) is
already under challenge before this Hon’ble Court in W.P.(C)
No. 02 of 2019 (Amit Sahni v. Union of India).
I.
DESCRIPTION OF PARTIES
6.
IFF, Petitioner No. 1 herein, is a registered under the provisions
of Indian Trust Act, 1882 (bearing IN-DL44196137899619O).
IFF is represented through its Chairman, Mr. Raman Jit Singh
Chima, and is authorized to file the present Petition by virtue of
the Resolution dated August 29, 2018. Voluntary contributions
received by the Petitioner-Trust are exempt from levy of income