26
an RTI request filed by “SLFC.in” in 2013, the
Respondent No. 2 has stated that “on an average 7500 to
9000 orders for interception of telephones and 300 to 500
orders for interception of emails are issued by the Central
Government every month.” True Copy of article titled
“Surveillance – Is there a need for judicial oversight”
dated 25.09.2013 is annexed herewith as ANNEXURE P7 (Page Nos. 120 to 124). True Copy of response issued
by Respondent No. 2 on 25.05.2011 is annexed herewith
as ANNEXURE P-8 (Page No. 125). Given the large
number of requests, it is highly improbable that the
Competent Authority has adequate time and opportunity to
make an effective assessment on alternative means of
acquiring information.
(c)
As noted by the Justice Srikrishna Committee (page 125),
the Review Committee usually convenes once every two
months, and has the “unrealistic task” of reviewing more
than 15,000-18,000 surveillance orders in every meeting.
27.
The above statistics raise serious alarm on the institutional
capacity of the Competent Authority and the Review Committees
to
handle,
authorise,
and
review
surveillance
requests.
Egregiously, the Central Government has admitted on the floor
of Parliament that the “Incidents of physical/electronic
surveillance in the States of Gujarat and Himachal Pradesh, and
the National Capital Territory of Delhi, allegedly without
authorization have been reported. Union Cabinet has approved a
proposal to set up a Commission of Inquiry under Commission
of Inquiry Act, 1952 to look into these incidents.” True Copy of
the Reply from Minster of State for Home Affairs dated
11.02.2014 is annexed herewith as ANNEXURE P-9 (Page Nos.
126 to 128). However, to the best of the Petitioners’ knowledge,
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