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dovetailed with each substantive legislation relating to national
security. The U.S. and Canada too, require judicial authorisation
for interception. True Copy of the Report titled “A Free and Fair
Digital Economy: Protecting Privacy, Empowering Indians”
(relevant excerpts) submitted by the Committee of Experts under
the Chairmanship of Justice B. N. Srikrishna dated 27.06.2018 is
annexed herewith as ANNEXURE P-14 (Page Nos. 232 to 305).
34.
It is respectfully submitted that these authoritative sources make
it clear that the “procedural safeguards” limb of the broader
proportionality enquiry – as set out in the judgment(s) in
Puttaswamy – require judicial oversight of surveillance.
35.
In the above premises, aggrieved by the legal provisions
governing ‘Electronic Surveillance’ in India under the IT Act
and Rules thereunder, the Petitioners prefer the present Writ
Petition inter alia on the following grounds, which are urged in
the alternative and without prejudice to one another:
GROUNDS
A.
LEGAL INJURY AND HARM
I.
BECAUSE there is no scope for an individual subjected to
surveillance to approach a court of law, either prior to, or
during or subsequent to, acts of surveillance, since the
system itself is covert, especially where it relates to
electronic surveillance based on the grounds specified in
section 69(1), namely
“in the interest of the sovereignty or integrity of India,
defence of India, security of the State, friendly relations
with foreign States or public order or for preventing
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