Lawstreet Journal

The Delhi High Court Seeks Centre's Stand On the Plea For Disclosure Of the Statistical Information On State Sponsored Electronic Surveillance

Lawstreet Journal 7 Apr 2022 4:55am

Image courtesy: Lawstreet Journal Judiciary The Delhi High Court Seeks Centre's Stand On the Plea For Disclosure Of the Statistical Information On State Sponsored Electronic Surveillance

On Tuesday, the Delhi High Court sought response from the Central Government in a plea regarding the disclosure of statistical information pertaining to state sponsored electronic surveillance.

The Central government standing counsel was directed by Justice Yashwant Varma to obtain the instructions while posting the matter for further hearing on 28th April.

The court was dealing with a plea which was filed by Apar Gupta, a lawyer who is the Co-founder and Executive Director of the Internet Freedom Foundation, assailing an order dated 28th January 2022, which was passed by the Central Information Commission under Section 19 of Right to Information Act, 2005.

Troubled by the opaqueness surrounding the use of Electronic Surveillance, where the public authorities refuse to publish even aggregate statistical information to indicate the adequacy or functioning of the legal supervisory mechanisms of Electronic Surveillance under the 2009 Interception Rules, the Petitioner had on December 28th, 2018 filed 6 Right To Information applications (RTI’s) seeking information from Ministry of Home Affairs. The Right To Information requests did not ask for any granular detail in the form of specific interception orders, but were limited to aggregate figures alone.

It has been the case of the petitioner that on 29th January 2019, the CPIO had without application of mind, disposed of the Petitioner's requests for information, citing provisions of the Right to Information Act as well as some case law.

Subsequently, the first appeals against were preferred before the FAA. In accordance with the petitioner, the appeals were disposed… Continue Reading...


Tagged: Delhi High Court  
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