14
State Government may, if satisfied that it is necessary or
expedient so to do in the interests of the sovereignty and
integrity of India, the security of the State, friendly
relations with foreign states or public order or for
preventing incitement to the commission of an offence,
for reasons to be recorded in writing, by order, direct
that any message or class of messages to or from any
person or class of persons, or relating to any particular
subject, brought for transmission by or transmitted or
received by any telegraph, shall not be transmitted, or
shall be intercepted or detained, or shall be disclosed to
the Government making the order or an officer thereof
mentioned in the order:
Provided that the press messages intended to be
published in India of correspondents accredited to the
Central Government or a State Government shall not be
intercepted or detained, unless their transmission has
been prohibited under this sub-section.
(b)
THE INFORMATION TECHNOLOGY ACT, 2000: Section
69(1), impugned herein, authorises the Central and State
Governments
to
monitor,
intercept,
or
decrypt
information contained in any ‘computer resource’. A
‘computer resource’, defined under Section 2(1)(k), refers
to a “computer, computer system, computer network,
data, computer data base or software.” The provision, as
originally stood from the year 2000 till 05.02.2009,
vested the powers to intercept any information on the
‘Controller of Certifying Authorities’. By virtue of
Information Technology (Amendment) Act, 2008 [‘2008
IT Amendment’], the Parliament extended the powers
under Section 69 to “monitor” and “decrypt” electronic
communications. Moreover, the 2008 Amendment
introduced two additional grounds (viz., ‘defence of