SC tells Centre to frame guidelines for search, seizure of e-devices

A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia on Thursday expressed concern over delay in framing guidelines from 2021

The Supreme Court on Thursday gave a six-week deadline to the Centre to frame guidelines on the search and seizure of electronic devices of individuals, especially media professionals, by law enforcement agencies.

The apex court on November 7 had said impounding of equipment without regulation was a serious matter.

A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia expressed concern over the delay in framing of guidelines.

"The problem is the limbo in the interregnum period. Notice was issued (on the petition) in 2021. This has been going on for some time now. How long will you need? You have been holding meetings, but when will we have an outcome?" Justice Kaul asked Additional Solicitor General (ASG) SV Raju, who appeared for the Centre.

When Raju replied that it would take the Centre one month to do the 'bare minimum', Justice Kaul shot back, saying: "Don't do the bare minimum. Do the maximum."

ASG Raju said that in the conspectus of the existing CBI manual and the Karnataka cyber crime investigation manual, as well as the suggestions put forth by the petitioners, several discussions have been held and the Centre would come up with something within six weeks.

He also said that until the guidelines are framed, the 2020 CBI manual on seizure of digital evidence will be followed.

"In the meantime, he assures the court that for the time being, at least the CBI manual will be followed by all the central government agencies," the court document said.

The matter has now been listed for February 6.