Question : Seizure of Electronic Evidence

(a) the details of reported cases of raids on and seizure of electronic evidence from academics, researchers, lawyers and activists during the last three years and the current year as on date, year-wise and category-wise; and

(b) whether a group of educationists have asked the Government and courts to frame guidelines to save their academic freedom so that the police treat the academic work and research, usually stored in computers they seize during raids, in a “civilised manner”, if so, the details thereof/action taken thereon?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI AJAY KUMAR MISHRA)

(a) : ‘Police & ‘Public Order’ are State subjects under the Seventh Suhedule to the Constitution of India. The primary responsibility to maintain law and order and prevention, detection, investigation and prosecution of crime rests with the respective State Governments. Data in this regard is not centrally maintained.
(b) : A Writ Petition (Crl.) No. 138 of 2021 titled “Ram Ramaswamy & Ors. Vs UOI” has been filed in the Hon’ble Supreme Court of India, inter-alia, praying for specifying suitable guidelines in respect of the seizure, examination and preservation of personal digital and electronic devices and their contents.
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