A public interest litigation (PIL) petition was filed on Monday in the Supreme Court challenging the government’s December 20 notification authorising 10 central agencies to intercept, monitor and decrypt any computer system.
The petition was filed by advocate Manohar Lal Sharma.
According to the notification, the 10 Central agencies are empowered under the Information Technology (IT) Act for computer interception and analysis, Ministry of Home Affairs officials said.
The 10 agencies are the Intelligence Bureau, Narcotics Control Bureau, the Enforcement Directorate, the Central Board of Direct Taxes (for Income Tax Department), the Directorate of Revenue Intelligence, the CBI, THE National Investigation Agency, the Research and Analysis Wing, the Directorate of Signal Intelligence (in service areas of J-K, North East and Assam) and the Delhi Police Commissioner.
In his petition, Mr. Sharma termed the notification as "illegal, unconstitutional and ultra vires to the law".
He also sought to prohibit the agencies from initiating any criminal proceedings, enquiry or investigation against anybody under the provisions of the IT Act based on the notification.
The plea claimed that the notification was issued "to find political opponent, thinker and speaker to control entire country under dictatorship to win coming general election under an undisclosed emergency as well as slavery which cannot be permitted within the Constitution of India".
It alleged that the Ministry of Home Affairs’ "blanket surveillance order must be tested against fundamental right to privacy".
As per the notification, the state has the right to access every communication, computer and mobile and "to use it to protect political interest and object of the present executive political party", the petition alleged.
The government’s move authorising the 10 central agencies to intercept information from any computer had set off a political storm with the opposition accusing the Centre of trying to create a "surveillance state".
However, the central government had said the rules for intercepting and monitoring computer data were framed in 2009 when the Congress-led UPA was in power and its new order only notified the designated authority which can carry out such action.