22
8. Each copy made of any of the intercepted material shall
be destroyed as soon as its retention is no longer
necessary in terms of Section 5(2) of the Act.
9. There shall be a Review Committee consisting of
Cabinet Secretary, the Law Secretary and the Secretary,
Telecommunication at the level of the Central
Government. The Review Committee at the State level
shall consist of Chief Secretary, Law Secretary and
another member, other than the Home Secretary,
appointed by the State Government.
(a) The Committee shall on its own, within two months
of the passing of the order by the authority
concerned, investigate whether there is or has been a
relevant order under Section 5(2) of the Act. Where
there is or has been an order, whether there has been
any contravention of the provisions of Section 5(2)
of the Act.
(b) If on an investigation the Committee concludes that
there has been a contravention of the provisions of
Section 5(2) of the Act, it shall set aside the order
under scrutiny of the Committee. It shall further
direct the destruction of the copies of the intercepted
material.
(c) If on investigation, the Committee comes to the
conclusion that there has been no contravention of
the provisions of Section 5(2) of the Act, it shall
record the finding to that effect.”
24.
Almost a decade later, in 2007, the Central Government inserted
Rule 419A to the Telegraph Rule, 1951 to codify the binding
direction issued by this Hon’ble in PUCL Wiretapping (supra).
Similarly, by virtue of the 2009 IT Rules, similar mechanism has
been adopted for carrying out electronic surveillance. Notably,