Supreme Court says there must be guidelines on search or seizure of digital devices of journalists
Supreme Court on Tuesday said that there should be guidelines in place to govern the search and seizure of phones or other digital devices belonging to individuals, particularly media professionals.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said that media professionals could have confidential information or details about their sources on their devices.
«It's a serious matter. These are media professionals who will have their own sources and other things. There must be some guidelines.
If you take everything away, there is a problem. You must ensure that there are some guidelines,» the bench told the Centre.
The apex court was hearing a PIL filed by the Foundation for Media Professionals which urged the court to establish safeguards against unreasonable interference by law enforcement agencies and create comprehensive guidelines for the search and seizure of digital devices.
Appearing for the Central government, Additional Solicitor General SV Raju told the apex court that the authorities cannot be shut out from examining such devices.
He said, «But there are anti-nationals who may… We cannot be shut out completely. Media cannot be above the law.»
Justice Kaul said that guidelines were required to ensure that the powers of the agency were not misused in this respect.
«Mr Raju, I am finding it very difficult to accept some kind of all-within power that the agencies have… This is very dangerous.
You must have better guidelines. If you want us to do it, we will do it. But my view is that you ought to do it yourself.
It's time that you ensure that this is not misused. It can't be a State that is run only through its agencies. We will give you time, no difficulty.
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