Academics submit draft guidelines to top court on seizure of electronic devices

New Delhi: Five academicians who have petitioned the Supreme Court seeking guidelines for the seizure of personal electronic devices by investigating agencies have prepared a set of draft guidelines and have submitted them to the Court, reported LiveLaw on Friday.

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.

On Thursday (November 9), the matter came before the Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, when the Court directed Senior Advocate Nitya Ramakrishnan to circulate these guidelines to the Union and the States.

It may be noted that two days ago, while considering a petition filed by Foundation for Media Professionals, the Supreme Court had expressed concerns about the seizure of digital devices of journalists and told the Centre that better guidelines are needed. Both the petitions are now listed on December 5.

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”.

Apart from this, guidelines also clarify that there will be no retention of any other excluded material.

Last but not the least it was also emphasised that if these basic precautions are not adhered with then such material will not be used against the accused person.