Under The Right to Information Act, 2005 (RTI Act), the MHA has refused to disclose the reasons and materials such as file notings which formed the basis for issuing this order. Even more shocking is the MHA's refusal to treat as a valid query. the request for reasons for not complying with the duty of proactive disclosure of all relevant facts and reasons that underpin the order.
Considering the elaborate scheme of Sections 69(1) of IT Act, 69(2) of IT Act and Rule 4 of IT Rules, even a cursory glance at MHA order would reveal that, MHA order is merely an authorisation and not a direction. It follows as a logical corollary that, the 10 agencies which have been authorised, cannot, merely based on MHA order, intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted or received or stored in any computer resource; at least legally.
Review petition has been filed in the Supreme Court against the judgment of the Constitution bench upholding constitutional validity of Aadhaar. Petitioner Imtiyaz Ali Palsaniya has contended that various grounds urged in applications filed weren't considered by court.
Since Rule 4 of 2009 Rules nowhere contemplates the issuance of an omnibus notification, the very issuance of the notification is de hors the provisions of law, it does not further any Legitimate State Interest; on the contrary, it is against the very Rules under which the notification has been passed, leading credence to the widely-speculated belief that the notification may be one of the many steps to create a cyber surveillance infrastructure.