Seizure of mobile phones, computers of academia | Supreme Court expresses concern, says they have a right to protect work, research

The Ministry of Home Affairs, in its affidavit said that while laptops, computers and mobiles are commonly used in contemporary society, criminals also "use these devices in the facilitation of their unlawful activities".

The Supreme Court on August 5 highlighted the concern expressed by the academia about the seizure of mobile phones and computers of the academia as "electronic evidence" by investigating agencies during raids, saying they have a right to protect their work and research embedded in these personal digital devices.

"They [academicians] have a right to protect [their work]… today people live on this [personal devices]," a Bench of Justices Sanjay Kishan Kaul and M. M. Sundresh observed orally.

The court said it was not satisfied by the affidavit filed by the Centre, which the latter portrayed as its "raw thinking" on the issue. The Ministry of Home Affairs, in its affidavit said that while laptops, computers and mobiles are commonly used in contemporary society, criminals also "use these devices in the facilitation of their unlawful activities".

"Today, virtually every crime has an electronic component in terms of computers and electronic technology being used to facilitate the crime," the Ministry said. These devices may contain a host of electronic evidence related to the crime under investigation, whether it is a conventional crime or a terrorist act. Technology allows crimes to be committed remotely with near anonymity on targets which are borderless. Devices are seized "simply as material evidence related to an offence".

"No one can be treated above the law. An accused cannot claim the right to privacy when computers, tablets, laptops, mobile phones, etc, especially when it is used for committing crime or has vital information related to a crime under investigation… Digital devices have to be examined thoroughly by forensic experts," the Ministry said.

The law under the Code of Criminal Procedure and Information Technology Act empowers investigating agencies to seize digital and electronic devices.

Professors Ram Ramaswamy, Sujata Patel, M. Madhava Prasad, Mukul Kesavan and Deepak Malghan, who have filed a petition and represented by advocates Nitya Ramakrishnan and S. Prasanna, said academicians lose their life's work when police carry off their computers and drives after a raid. What may be stored in these devices would be their life's work. At the hands of the police, their work run the risk of damage, loss, destruction or even distortion.