NEW DELHI: Online newsportal NewsClick had moved the Supreme Court seeking a direction to frame standard operation procedure (SOP) and or guidelines for the probe agencies—Enforcement Directorate, Central Bureau of Investigation (CBI) and Delhi Police—over the search, seizure, examination, preservation of digital devices and seized data of accused person or party.
After hearing the plea filed by NewsClick, the apex court’s two-judge bench, headed by Justice BR Gavai and also comprising Justice Sandeep Mehta sought the detailed responses of the probe agencies on the issue. The top court also tagged the plea of the newsportal with the already pending matters on this issue before it and stated, “we would hear all the cases later on”.
Senior advocate Kapil Sibal, representing the petitioner, told the bench that no procedure of law was followed, and no documents were given to the accused. “Nothing is done. So he pleaded to the apex court for guidelines in the issue.”
NewsClick had moved the apex court under Article 32 (The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights) of the Indian Constitution. It claimed that there was arbitrariness, an absence of due process, and an excessive abuse of power by the investigating agencies, during the raids. “These are only done to ensure to stifle free speech and undermine their fundamental rights. There are serious concerns for this and in particular about press freedom and the government’s handling of dissenting voices and or criticizing of the government.”
The bench initially expressed its reluctance to entertain an Article 32 plea, as Justice Gavai stated,” We could not entertain this under Article 32, but finally sought replies from the probe agencies”. The top court had on November 7 last year asked the Centre to put in place guidelines on seizure of electronic devices of individuals, particularly media professionals. On October 19 last year, the apex court had sought the response of the Delhi Police on separate pleas of NewsClick founder and its HR head Amit Chakravarty against their arrest under the anti-terror law UAPA.
The Delhi High Court had on October 13 last year dismissed their pleas against arrest and subsequent police remand in the case. Both were arrested by the Special Cell of the Delhi Police on October 3, 2023. The city police lodged cases against the two under UAPA for allegedly receiving money to spread pro-China propaganda. They have denied the allegations. According to the FIR, a large amount of funds to the news portal allegedly came from China to “disrupt the sovereignty of India” and cause disaffection against the country.
