Riaz Ahmed Nov 8, 2019
Gautam Bhatia

In light of the Pegasus/WhatsApp surveillance scandal, a piece on how India must reform its surveillance architecture - and how a recent Bombay High Court judgment shows the way.

https://www.hindustantimes.com/analysis/india-must-now-reform-its-surveillance-law-ht-analysis/story-6L9DkdLpJAGWzYDBDYP8KN.html

The Bombay High Court basically held: (a) surveillance is illegal except in a public emergency or for public safety, (2) evidence obtained through surveillance cannot be used in court, and (3) material obtained through surveillance must be destroyed. All three very important findings.

(1/2)

India must now reform its surveillance law | HT Analysis

The WhatsApp-Pegasus controversy affords a golden opportunity to do just that

Nov 8, 2019 at 3:40pmWeb
Show threadGautam BhatiaNov 8, 2019
Important for many reasons, but perhaps most importantly because last week a Gujarat "anti-terror law" was approved by the President. Among other things, this law *specifically* says that material obtained from surveillance can be used in Court. The Bombay High Court specifically says that this is unconstitutional. There is a direct clash between the two. The State's encroachment on basic rights makes it even more important to restate the value and importance of those rights. (2/2)
Show thread...- .. ...- . -.- Nov 8, 2019
@gautambhatia what happened to fruit of a poisonous tree doctrine? :(
Show threadMadhuraNov 8, 2019
@gautambhatia Gujarat, the gift that keeps on giving.
Show threadthedailybunkumNov 9, 2019
@gautambhatia Curious: would states' differing criminal codes make HC judges - who have also been judicial officers in same court - experience any less (or more) valuable when they move as CJs to other states ?
Show threadpranay01Nov 9, 2019
@gautambhatia n00b question - Is a law passed in Gujarat - applicable only in Gujarat? Can it be applied for people in UP? Does India have state based jurisdiction?
Show threadGautam BhatiaNov 9, 2019
@pranay01 only in the state
Show threadBOY SNov 8, 2019
@gautambhatia so all that a person facing a case involving surveillance by the Gujarat State has to do is appeal in the Supreme Court in order to render the Gujarat's Laws impotent?
Show threadGautam BhatiaNov 8, 2019
@gothambuddha People subjected to surveillance should not go anywhere near the Supreme Court.
Show threadBOY SNov 8, 2019
@gautambhatia Wow.. Surveillance can't be bypassed by Supreme Court? We all need a primer on this death sentence now. 🙏
Show threadGautam BhatiaNov 8, 2019
@gothambuddha it can be. The question is whether it will.
Show threadBOY SNov 8, 2019
@gautambhatia I get the general direction of status quoist arrangement in work. Much obliged.
Show threadPrem Kurian PhilipNov 8, 2019
@gautambhatia This news deserves much more airtime and press
Show threadGadbadhaiNov 8, 2019
@gautambhatia interestingly they have also really with pooran mal and this may form the basis of "fruit of the poison tree" jurisprudence here. This has only been limited to S.50 NDPSA so far.