Order to return seized devices to those under probe not apt: Government

New Delhi, November 27

Asserting that the right to privacy is not absolute, the Centre has told the Supreme Court that a blanket order to return all personal digital devices, such as cellphones and laptops belonging to individuals under probe, would not be appropriate.

In an affidavit, the Centre said while the right to privacy existed in all jurisdictions across the world, its regulation through statutory law was permissible and there could be no blanket exclusions.The affidavit has been filed in response to a PIL by former JNU Prof Ram Ramaswamy and four others, seeking guidelines for probe agencies with regard to seizure, examination and preservation of personal digital and electronic devices and the content contained therein.

The Centre said given the sensitivity of the data and the stage of investigation, the return of their personal gadgets would not be appropriate. However, it said that in appropriate cases, the accused may be allowed to seek cloned images of the hard drive of the devices seized by probe agencies by invoking Section 451 of the Criminal Procedure Code (CrPC), even as it insisted that any blanket order for the return of such documents and devices of those under probe would be inappropriate.

A Bench led by Justice SK Kaul, which had earlier taken exception to the Centre not filing its response to the PIL, is likely to take up the matter for hearing on December 5.

Noting that the Centre’s counter-affidavit was incomplete, the Bench had on August 5 asked it to file a fresh affidavit. “Saying it’s (PIL is) not maintainable etc is not enough. Please look into it yourself. I don’t think an officer of this level can look into it,” the Bench had told Additional Solicitor General SV Raju.