In a pleasant move, A Bench of Justices G S Singhvi
and S J Mukhopadhaya sternly told the Indian government that its
lacksidial attitude towards technological issues may post a serious
threat to Indian national
security.
The Bench chided the Centre over its failure in
fixing accountability in the leakage of audio tapes containing
telephonic conversations of former corporate lobbyist Niira Radia
with various persons, including Tata Group chairman Ratan Tata. The
Bench also made it clear that it would pass directives for the
authorities to ensure no leakage of tapped conversations in future
could occur since it might also endanger the national security.
However, what is more pleasant is the
acknowledgement of the threats of hacking by the Bench. The Bench
also snubbed the government for expressing its difficulties in
providing absolute safeguard against the leakage of tapes and hacking
in the wake of the fast-changing technology.
The Bench categorically told the Centre that “You
must keep pace with technological developments and rather you must
keep ahead of them. These conversations (Radia tapes) are of no
relevance when we consider that there could be tapes containing
crucial information on national security. Such leakage or hacking of
computers could pose threats. Further steps will have to be directed
by us.
According to Praveen Dalal, leading techno legal
expert of Asia and managing partner of ICT law firm Perry4Law,
these observations of the Bench have come at the right time as Indian
Government is presently facing a “Technology Bankruptcy” and “ICT
Emergency” vis-à-vis Cyber Crimes, Cyber Attacks, Cyber Security
and other related issues. I congratulate the Bench for taking such a
pro active approach, says Praveen Dalal. It is high time to formulate
a National Security Policy of India as soon as possible, opines
Praveen Dalal.
Surprisingly, the Indian government has admitted
that even in these tapes, there could be certain conversations
pertaining to national security. The Bench also took note of this
precarious situation and asked “So they must also be with everyone
who has these tapes. Fortunately they have not come out but what is
the guarantee that it has not been passed on other agencies, also
those in foreign countries?”
Till Supreme Court of India does not declare laws
like official secret, telegraph act, information
technology act 2000, etc as “unconstitutional”,
nothing is going to improve in India. These laws have been
deliberately framed in this manner so that civil
liberties in cyberspace and otherwise can be suppressed at
will. If even Supreme Court fails to deliver justice, India would
become an absolute endemic
e-surveillance society and a “banana republic”.
