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Surveillance order: Supreme Court notice to Modi govt seeks reply in six weeks

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Surveillance order: Supreme Court notice to Modi govt seeks reply in six weeks

The Supreme Court today (Monday, Jan 14) issued a notice to Narendra Modi government on a clutch of petitions challenging its Dec 20 notification authorising 10 central agencies to intercept, monitor and decrypt information generated, transmitted or stored on any computer in India.

The top court bench of Chief Justice of India (CJI) Ranjan Gogoi and Justices Ashok Bhushan and SK Kaul directed the Centre to respond to the notice within six weeks.

However, the top court, which had earlier denied an early hearing in the case, refused to grant an interim stay on the implementation of the controversial surveillance order.

According to the notification, 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 and failing to do will invite seven-year imprisonment and fine.

The 10 agencies notified under the new order are the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, the Central Board of Direct Taxes (for Income Tax Department), Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, the Research and Analysis Wing, Directorate of Signal Intelligence (in service areas of J-K, North East and Assam) and Delhi Police.

Earlier, the government had authorised agencies to tap phone calls but after permission from the Home Secretary. The order was last updated in 2011 and enables agencies to get into social media accounts and telephone intercepts.

The Union Ministry of Home Affairs has now authorised the agencies to intercept information under section 69 (1) of the Information Technology Act, 2000

“For the first time, powers of scanning data at rest have been given to various agencies. Earlier, only data in motion could be intercepted. But now data revived, stored and generated can also be intercepted as powers of seizure have been given,” a senior bureaucrat had explained to NDTV.

This means not just calls or emails, but any data found on a computer can be intercepted. The agencies will also have powers to seize the devices.

The home ministry has authorised the agencies to intercept information under 69 (1) of the Information Technology Act, 2000 which says the central government can direct any agency after it is satisfied that it is necessary or expedient to do so in the “interest of the sovereignty or integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognisable offence relating to above or for investigation of any offence”.

The government had come under fire for its order with the Opposition accusing the Centre of running a “police state”.

However, the Central government said the rules for intercepting and monitoring computer data were framed in 2009 when the Congress-led UPA was in power and its new order only notified the designated authority which can carry out such action.

At least four petitions have been moved before the Supreme Court challenging the snooping order on grounds that it violates an individual’s right to privacy and also the apex court’s landmark privacy verdict.

The petitions by lawyer Shreya Singhal, her co-petitioner and Trinamool Congress lawmaker Mahua Moitra, Supreme Court lawyer ML Sharma and others alleged that the government’s order is against the fundamental right to privacy and must be cancelled in the interest of justice.

Advocate Manohar Lal Sharma has sought that the notification be quashed and alleged that the government’s motive behind the order was “to find political opponent, thinker and speaker to control entire country under dictatorship to win coming general elections under an undisclosed emergency as well as slavery which cannot be permitted within the Constitution of India (sic)”.

The plea termed the notification “illegal, unconstitutional and ultra vires to the law.” He also sought to prohibit the agencies from initiating any criminal proceedings, enquiry or investigation against anybody under the provisions of the IT Act based on the notification.

The petition alleged that the notification gives the state the right to access every communication, computer and mobile and “to use it to protect political interest and object of the present executive political party.”

A separate petition filed by advocate Amit Sahni says the directive issued by the Ministry of Home Affairs is “undemocratic and an assault on fundamental rights of the citizens of India”.

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Can’t lathicharge a peaceful protest, says Supreme Court

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The Supreme Court on Monday questioned the Delhi Police action leading to lathicharges during the student protest at Jantar Mantar on July 20.

The bench of Chief Justice of India Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana observed that a peaceful protest can’t be net with a lathicharge. The court made the remarks while hearing petitions against excessive force used by Delhi Police against students protesting irregularities in the NEET-UG 2026 examination and other public examinations.

The court said the right to peaceful and lawful protest is under the protection of the Constitution. The court observed that the presence of a protest can’t be a ground for police action and said that any allegation of police excess has to be independently examined.

The petitions concern the events of July 20, when thousands of students and supporters of the Cockroach Janta Party tried to march from at Jantar Mantar to Parliament as the Monsoon Session opened. The protesters were demanding action on paper leaks, examination system reforms and government accountability.

Police said they had stopped the march because of security concerns and restrictions in central Delhi. There was a clash later and police used tear gas and lathi charge to disperse the crowd. Over a 100 protesters and a similar number of police were injured in the incident.

The petitioners had sought an independent probe into the police action during the hearing. They also demanded the retention of CCTV footage, body-camera recordings and other electronic evidence, as well as compensation for those injured in the crackdown.

The case comes amid a nationwide debate over reforms of examinations and the handling of student protests. The Centre has brought in legislative measures to strengthen anti-paper leak laws, even as student organizations continue to demand greater accountability.

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Bill against paper leaks eclipsed by Opposition push for Amit Shah reply

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Amit Shah

The Monsoon Session of Parliament witnessed Opposition-Government scenes on Monday as Union Minister Dr. Jitendra Singh introduced the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026 in the Lok Sabha.

The Bill aims to strengthen laws against examination paper leaks and organized cheating following the NEET-UG 2026 controversy.

During the discussions, the Opposition Congress demanded Home Minister Amit Shah’s reply to allegations of police excesses on July 20 during the Cockroach Janta Party (CJP) march to Parliament. Over 100 students were treated for injuries ranging from fractures to pellet wounds. CRPF personnel have confirmed seven rounds of pellets were fired and five rounds were fired at the students.

Congress leader Pawan Khera said such force should not have been used against the students and the Home Minister must reply to the allegations. Following disruptions, the House was adjourned several times.

The legislation seeks to impose stricter penalties for paper leaks, organized examination fraud, and other unfair practices. It also provides for faster investigations, time-bound trials, and the establishment of a STF to investigate major examination-related offenses. According to the government, the amendments are intended to improve transparency, protect the credibility of public examinations, and restore students’ confidence in the system.

The Congress and several Opposition parties demanded a detailed discussion in both the Lok Sabha and the Rajya Sabha, arguing that the government must be held accountable for both the examination irregularities and the police response.

The debate comes days after the resignation of former Union Education Minister Dharmendra Pradhan, following weeks of nationwide protests over paper leaks and examination malpractice. While the Centre has announced reforms and introduced the amendment Bill, Opposition leaders maintain that legislative changes alone are insufficient without fixing responsibility for the controversy and the police action against students.

The government defended its response, stating that it has initiated investigations into examination fraud, introduced stricter legal provisions, and taken steps to strengthen the security of public examinations. Parliamentary Affairs Minister Kiren Rijiju urged MPs to participate in the debate and allow the House to function smoothly instead of disrupting proceedings.

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E20 Janta Party set to follow in CJP footsteps

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Excise duty on petrol

After the success of the Cockroach Janta Party (CJP), a new outfit, calling itself the E20 Janta Party, has come into being.

It trended across social media platforms on Thursday after the CJP claimed victory following the resignation of Union Education Minister Dharmendra Pradhan, with supporters applauding the outcome as a major milestone in the ongoing student-led movement over alleged NEET-UG examination irregularities.

Thousands of posts, memes and videos flooded social media with users celebrating what they described as the growing influence of the CJP-led agitation. The term “E20 Janta Party” quickly gained traction on X and other platforms as motorists worried over the mixing of ethanol in petrol claimed they would themselves stage protests a la CJP.

Motorists all over India have been protesting against the fuel mixture given that their cars and motorcycles bought earlier had not been tuned for such increase in ethanol ratio. Some have claimed damage, ranging from engine damage to lower mileage. The government has not conceded the engine damage claim but has accepted that mileage may be compromised. Further, they have been agitating for a lowered fuel price for E20 since it has 20% ethanol but the government has shown willingness only to lower prices for the E85 blend which is being introduced slowly.

The public outpouring of support for the anti-NEET protests seems to have egged the anti-E20 people to come out of the woodwork though they have been vocal on social media. The Delhi taxi drivers association is also believed to have lent support to this cause. Transporters are also expected to join the protest slated on August 4 year since there are moves afoot to introduce isobutanol-diesel blend this year.

During the protests at Jantar Mantar, many activists had raised the ethanol issue time and again targeting Road Transport and Highways Minister Nitin Gadkari, an overzealous advocate for ethanol blending.

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