SC issues notice to Centre on MHA’s ‘snooping’ order, seeks reply within six weekshttps://indianexpress.com/article/india/mha-snooping-order-pil-supreme-court-notice-5537212/

SC issues notice to Centre on MHA’s ‘snooping’ order, seeks reply within six weeks

The petition, filed by advocate Manohar Lal Sharma, seeks quashing of the government's December 20 order which empowers the agencies to intercept any computer under the Information Technology Act.

The PIL seeks quashing of the government's December 20 order which empowers the agencies to intercept any computer under the Information Technology Act.
The PIL seeks quashing of the government’s December 20 order which empowers the agencies to intercept any computer under the Information Technology Act.

The Supreme Court on Monday issued a notice to the Centre and sought a response, within six weeks, on a Public Interest Litigation (PIL) filed against the Ministry of Home Affairs’ notification authorising 10 central agencies to intercept, monitor and decrypt any computer system. The top court had earlier denied an early hearing in the case.

The petition, filed by advocate Manohar Lal Sharma, seeks quashing of the government’s December 20 order which empowers the agencies to intercept any computer under the Information Technology (IT) Act. According to the notification, the subscriber or service provider or any person in charge of the computer resource will be bound to extend all facilities and technical assistance to the agencies and failing to do will invite seven-year imprisonment and fine.

The 10 agencies notified under the new order are the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, the Central Board of Direct Taxes (for Income Tax Department), Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, the Research and Analysis Wing, Directorate of Signal Intelligence (in service areas of J-K, North East and Assam) and Delhi Police commissioner.

The government had come under fire for its order with the Opposition accusing the Centre of running a “police state”. The government, however, later clarified that “no new powers” had been conferred to the agencies and that the same rules were brought in by the UPA government in 2009.

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