Seizure of journalists’ devices by probe agencies serious matter, says SC, seeks sound guidelines

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Media not above law, ASG defends seizures

A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia asked the Union government to frame better guidelines to regulate the accessing of information from the seized digital devices of the media professionals.

“These are media professionals, they will have on their phone’s sources, and contacts. So, there must be some guidelines. This is serious,” Justice Kaul observed.

Appearing for the Union government, Additional Solicitor General (ASG) SV Raju said, “But there are anti-nationals who may … We cannot be shut out completely. Media cannot be above the law.”

Stating that there had to be a balancing of interests, including the right to privacy, the bench gave the Additional Solicitor General time till 6 December — the next hearing date — to come up with an answer.

The bench said in its order: “…There has to be a balancing of interests, and better guidelines need to be in place to protect media professionals. We would like ASG to work on this and come back on this issue. In view of the aspect that privacy is held to be a fundamental right.”

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State can’t be run through agencies, SC tells govt

During the hearing, ASG Raju said that the matter involved complicated legal issues. Justice Kaul said, “It’s a serious matter. These are media professionals who will have their own sources. There must be some guidelines.”

Stating that there must be “better guidelines” to regulate the accessing files/information stored in the seized digital devices, the bench said they, too, could frame the guidelines but would prefer the government to do it.

“You must have better guidelines. If you want us to do it, we’ll do it. But my view is that you ought to do it yourself. It can’t be a state that’s run through its agencies. You must analyse what kind of guidelines are necessary to protect… This is not adversarial. We’ll give you time,” Justice Kaul told the ASG.