26. Nondiscloser.____Any person performing any function under this Act who fails to secure complete
secrecy of the process or makes any disclosure which may compromise future capabilities of intelligence
gathering shall, in addition to any other punishment to which he may be liable under applicable law and rules,
be punished with imprisonment of upto five years or with fine of upto ten million rupees or with both.
CHAPTER6
REVIEW AND OVERSIGHT
27. Oversight by Review Committee.__(1) A Review Committee comprising Ministers of Defence,
Interior and Law shall on a six monthly basis call for reports from all the applicants about the warrants
obtained by them and assess administrative aspects including if the evidence collected pursuant to the
warrants of surveillance or interception has been helpful in prevention of offences and of aid to prosecution or
has been able to achieve the object and purposes of this Act.
(2) The Committee, based on the said assessment, may issue appropriate orders or instructions in respect
of working of any applicant for compliance or guidance.
28. Representation.__(1) In case the applicant is not satisfied with the declining of the request for the
issuance of the warrant of surveillance or interception, it may prefer a representation to the Chief Justice of
High Court concerned, for constitution of a Division Bench of two Judges for hearing in chambers.
(2) The Division Bench to whom the representation is entrusted may either set aside the decision of the
Judge and issue the warrant or uphold the view taken by the judge.
(3) Nothing in this Act shall bar the applicant to approach the Judge again for issue of warrant in respect
of the same person on basis of fresh grounds or new material.
29. Complaints against misuse of warrant.___(1) The Judge shall also be competent to hear a complaint
from any person including the Designated Agency or Body who claims that the warrant is being misused or
that the applicant is conducting surveillance or interception beyond the scope of the warrant.
(2) If the complaint under subsection (1) after hearing both the parties is proved to be true the Judge may
direct the applicant to transfer the investigation to some other investigating officer and also initiate
departmental proceedings against the officer against whom the complaint was filed and report the result of the
departmental proceedings to the Judge within such period as the Judge may deem fit:
Provided that for sufficient reasons shown the Judge may extend the period for submission of the report.
(3) A person aggrieved by decision of a Judge under subsection (2) may file a representation to the Chief
Justice of High Court concerned within thirty days, for constitution of a Division Bench for hearing and
deciding the representation in chambers.
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