The Centre told the Supreme Court that investigating agencies need to be given power to snoop on electronic devices in order to create a "strong and robust mechanism" against the grave threat of cross border terrorism, radicalization and organized crime faced by the country.

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Justifying reasons for issuing a circular on December 20, 2018 giving surveillance powers to 10 investigating agencies, the Ministry of Home Affairs in its affidavit said, "Grave threats to the country from terrorism, radicalization, cross border terrorism, cyber crime, organized crime, drug cartels cannot be understated or ignored and a strong and robust mechanism for timely and speedy collection of actionable intelligence including signal intelligence, is imperative to counter threats to national security." The affidavit came in response to a bunch of PILs questioning the December 2018 order for violating privacy of citizens.

Dealing with this argument too, the affidavit filed by SK Bhalla, Director, MHA said, "Though the right to privacy is held to be a sacred fundamental right and is being respected by Government of India, the veil of privacy can be lifted for legitimate State interest." Anything that affects the integrity, sovereignty, defence and security of the country, or friendly relations with foreign states, or preventing commission of a cognizable offence, or investigation of any crime will constitute 'legitimate State interest', the affidavit added.

The Centre told the Court that no way does the Government circular violates privacy as the snooping can be done only when its legally sanctioned, has a legitimate aim, and the interference is proportionate to the need for such interference. This order was issued under Section 69 of the Information Technology Act. As regards safeguards, the law provides a procedure for oversight by a Committee headed by Cabinet Secretary.

Although the snooping powers were available to investigating agencies even in the past, what the circular does is to remove vagueness and specify which agencies would have powers of surveillance under Section 69 of the Act. As modern tools of information communication have been developed in the modern world, the Centre said that snooping on electronic devices has become all the more challenging and inevitable.

The affidavit said, "Use of power of interception contemplated under the law has brought several results in larger national interest in preventing terrorism, drug trafficking and intercepting and busting narcotic drugs racket."

The investigating agencies allowed to snoop by the December 2018 order are Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, RAW, Directorate of Signal Intelligence, and Commissioner of Delhi Police.

Govt’s Claim In SC

Centre told the SC that no way does the govt circular violates privacy as the snooping can be done only when it is legally sanctioned, has a legitimate aim, and demands such interference