Follow CBI manual on seizure of digital evidence until guidelines formed: SC tells central agencies

Until the central government forms new guidelines, central agencies will need to follow the CBI manual for collecting digital evidence and seizure of electronic devices, the Supreme Court ordered today. It also directed the government to issue the guidelines within six weeks.     

The court was hearing a petition by the Foundation for Media Professionals, and another plea filed by five academicians seeking comprehensive guidelines. The directives came after the court’s repeated notices to the central government. 

The bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia asked additional solicitor general SV Raju to come up with the guidelines to protect the privacy and freedom of individuals, particularly media professionals, against arbitrary seizures, according to a LiveLaw report.

ASG Raju told the court that the government is “working on the guidelines,” and that the meetings are being held, also in consultation with forensic laboratory experts, according to the report. “We are going through existing manuals too, including the CBI manual and the Karnataka police manual.”

However, Justice Kaul reportedly said that problem was the “limbo in the interregnum”. “A notice was issued in 2021. You have been holding meetings, but when will we have an outcome? How long will you take for guidelines?” he asked.

Newslaundry earlier reported on the burden of arbitrary digital device seizures on journalists, media outlets and the toll it could take on their personal and professional lives. Read all about it here.