Academics submit draft guidelines to SC on search and seizure of digital devices

Five academics, who had petitioned the Supreme Court for guidelines on the seizure of personal digital devices by investigating agencies, have now submitted their own draft guidelines to the court.

The academics – Ram Ramaswamy, Deepak Malghan, Sujata Patel, Mukul Kesavan and Madhava Prasad – had filed a plea for guidelines in March 2021. In November 2022, the home ministry filed an affidavit saying it would have to consult with states before drawing up such guidelines. 

The matter came up for hearing on November 9, 2023.

According to LiveLaw, the draft guidelines include that the seizure must take place only after a judicial warrant. Emergency seizures must be an exception. Seizing devices should not be allowed “on the conjecture that evidence may be found”. Devices containing material that is “privileged, professional, journalistic or academic” can only be seized by judicial warrant. The device owners cannot be compelled to “divulge any credentials or passwords or information”. 

Importantly, it said the device “should be returned immediately after taking a copy of only the relevant material”.

Investigating agencies in India often seize personal devices; more recent examples are the raids conducted against The Wire, BBC and NewsClick.

Earlier this week, the Supreme Court had heard a similar petition filed by the Foundation for Media Professionals, which also sought guidelines on the search and seizure of personal devices. The court had told the central government it needed to come up with “better guidelines” because it was a “serious matter”.

Several journalists told Newslaundry about the toll this takes on them. As one journalist said, “They have paralysed our work. It will take a long time to rebuild it now.” Read the story here.