Supreme Court fines Centre for not filing reply to petition seeking guidelines on seizure of digital devices by probe agencies
The Hindu
While there are two related petitions pending in the Supreme Court, experts are of the view that there should be more safeguards in the procedure for the seizure of digital devices
The Supreme Court has imposed a cost of ₹25,000 on the Central government for failing to file within the stipulated time period a counter affidavit in connection with the petition from a group of academicians asking for the framing of guidelines on the search and seizure of electronic devices by investigating agencies.
In August, expressing dissatisfaction over its affidavit, the court had directed that another one be furnished within six weeks. On Friday, the court gave a further two week time period to the government for submitting the counter affidavit.
The development came against the backdrop of the recent seizures made by the Delhi Police during the searches on the editors of The Wire and subsequent demand of the news portal for the “hash value” of the seized phones, computers and iPads, and for the cloned copies of the devices seized to be kept at a neutral place.
Another petition filed recently by the Foundation for Media Professionals in the Supreme Court has been tagged to the first one. It alleged that the existing rules did not regulate the police’s power to search or seize digital devices and this purportedly enabled dubious practices.
While the two petitions are pending in the Supreme Court, experts are of the view that there should be more safeguards in the procedure for the seizure of digital devices.
Explaining the existing procedure, Navneet Rajan Wasan, former Director-General of the Bureau of Police Research and Development, who also headed the National Investigation Agency, said the standalone digital devices were seized in the presence of two independent witnesses and sealed following the prescribed drill so that they were not damaged during transportation. They are then transmitted to the Forensic Science Laboratory, with a request for making a mirror image of the device to be used for the purpose of investigation and for analysis.
The mirror image is created using a standard copying tool and by attaching a “write-protector” in order to ensure data integrity. Before the start of the copying process, “hash value” is generated for proving authenticity of data contained in the device by the FSL. The same may be produced before the court to allay any allegation of tampering with the data, after it is seized.