Authorising agencies for mass surveillance unconstitutional: Opposition

PTI New Delhi, Delhi, India Dec 21, 2018, 12.48 PM(IST)

File photo. Photograph:( Reuters )

Story highlights

Congress leader Anand Sharma said the order was against the right to privacy, which was a fundamental right.


 

The opposition parties on Friday said the Home Ministry order authorising 10 Central agencies to intercept, monitor, and decrypt "any information generated, transmitted, received or stored in any computer" is unconstitutional and against fundamental rights.

The Congress, the CPI(M), the Samajwadi Party, the Rashtriya Janata Dal and the Trinamool Congress spoke out against the order, which they said was issued on Thursday. 

Congress leader Anand Sharma said the order was against the right to privacy, which was a fundamental right.

"The government has done it by stealth and we collectively oppose it. This gives unlimited powers to all these agencies to monitor every information that interests them and complete surveillance which is unacceptable in a democracy," he said. 

Samajwadi Party's Ram Gopal Yadav termed the order unconstitutional and said the present government should refrain from making such moves with just a few months left for the general elections. 

"This government has only a few months left and it should not dig potholes for itself as a new government will be installed in the centre soon," he said.

TMC's Sukhendu Sekhar Roy said the move was 'draconian' while RJD's Manoj Jha said that it was a cause of concern for not just parliamentarians, but for every Indian. 

CPI(M) general secretary Sitaram Yechury voiced his opposition on Twitter.

"Why is every Indian being treated like a criminal? This order by a govt wanting to snoop on every citizen is unconstitutional and in breach of the telephone tapping guidelines, the Privacy Judgement and the Aadhaar judgement," he said. 

×

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. Failing to do so will invite seven-year imprisonment and fine.

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.