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Amid strong backlash regarding the Pegasus scandal in the ongoing monsoon session, the Government of India has stated that it does not maintain records of telephone interception. Rajya Sabha MP John Brittas, sought details from the Centre about the number of persons whose telephones have been intercepted from 2016 till 2021.
Devusinh Chauhan, the Communications Minister apprised the Rajya Sabha that records of such interception are regularly destroyed as per the Indian Telegraph Rules. His answer dated August 5 reads, “As informed by Ministry of Home Affairs (MHA), the records pertaining to lawful interception are destroyed regularly as per provisions contained in Sub-rule 18 of Rule 419A of the Indian Telegraph (1st Amendment of 2014) Rules, 2014 and Sub-rule 23 of Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009. Such records are not being maintained by MHA.”
The government has also justified the act in their reply saying that lawful interceptions are allowed under Section 5(2) of the Indian Telegraph Act,1885, read with Rule 419 A of Indian Telegraph (1st Amendment of 2014) Rules, 2014, and Section 69 of the Information Technology Act, 2000, read with the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
“As per both these Rules, for approving interception, Union Home Secretary is the Competent Authority in case of Central Government and Secretary in charge of Home Department in case of States/UTs”, reads his answer.
Interestingly, John Brittas, who posed this question, was one of the first persons to approach the Supreme Court when news about the alleged snooping surfaced. As previously reported by SabrangIndia, his PIL has asked the court to direct the Centre to conduct an immediate investigation through a special investigating team, which would be monitored by the Supreme Court of India. He has alleged in his PIL that the Pegasus snooping allegations have caused huge apprehensions and great agony to the citizens, and that such snooping violates a citizen’s freedom of speech under Article-19 (1) (a) as well as his/her personal liberty under Article 21 of the Constitution of India. “Only a proper court monitored investigation can alleviate these apprehensions and agonies,” the plea states.
On August 5, the Supreme Court heard the matter pertaining to surveillance using Pegasus for the first time. The Bench of CJI NV Ramana and Justice Surya Kant took note of the several petitions filed in the matter and asked the parties to serve copies of their pleas to the central government. The matter will be taken up on August 10.
The answer may be read here:
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