A Public Interest Litigation (PIL) has been filed in the Supreme Court today i.e., December 24, 2018, challenging the recent order of the Union Ministry of Home Affairs (MHA) authorising ten security and intelligence agencies to intercept, monitor, and decrypt “any information generated, transmitted, received or stored in any computer.”
The order, issued on
December 20, 2018, has been challenged by
Advocate M.L. Sharma as being illegal, unconstitutional and contrary to public interest. Seeking to quash the impugned order, Sharma in his petition claimed that the order was issued "to find political opponent, thinker and speaker to control entire country under dictatorship to win coming general election under an undisclosed emergency as well as slavery which cannot be permitted within the Constitution of India.”
Sharma has also sought to prohibit the agencies from initiating any criminal proceedings or investigation under
Sections 66 and
67 of the
Information Technology Act, 2000, as per the terms of the order. The petition apprehends a
serious danger and injury to the freedom, life and liberty of the citizens of India and contends that the order must be tested on the touchstone of the Right to Privacy, which was recognized by the Supreme Court as a fundamental right. The authorisation was bestowed on the ten Central agencies under
Section 69 (1) of the
Information Technology Act, 2000. The agencies are the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation; National Investigation Agency, Cabinet Secretariat (R&AW), Directorate of Signal Intelligence (For service areas of Jammu & Kashmir, North-East and Assam only) and Commissioner of Police, Delhi. According to the order, the subscriber or service provider or any person in charge of the computer resource will be bound to extend all facilities and technical assistance to the agencies and failing to do will invite seven-year imprisonment and fine.
Center Opposes Plea for Banning MPs/MLAs from contesting elections for life on Conviction in Criminal cases
Executive
Dec 04, 2020
Dev Kumar Patel
(
Editor: Ekta Joshi
)
6 Shares
By way of Affidavit, the Centre has opposed in the Supreme Court an amended PIL seeking imposition of a lifetime ban on convicted politicians from contesting elections, saying the elected representatives are "equally bound" by law.BJP leader and lawyer Ashwini Upadhyay in the plea stated "that when a member of Executive/Judiciary is convicted for even a minor crime, he is debarred from his services for a lifetime. But a Legislator, convicted for even heinous crimes like murder, rape,...
A Public Interest Litigation Has Been Filed in Supreme Court Seeking Confiscation of Benami Property, Black Money and Disproportionate Assets
Judiciary
Nov 17, 2020
Neha Bharti
(
Editor: Ekta Joshi
)
14 Shares
Advocate Ashwani Kumar Upadhyay has filed a PIL in the Supreme Court seeking direction to the Centre to ascertain the feasibility of confiscation benami properties disproportionate assets and black money. It also seeks awarding of life imprisonment in offences related to bribery, black money, benami property, disproportionate asset, tax evasion and money laundering. In the plea, it is mentioned that cause of action arises on January, 2020 when corruption watchdog Transparency International...
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