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Pvt member Bill to regulate intel agencies to be introduced in Lok Sabha on July 23

It aims to set up a Tribunal to provide citizens with a mechanism to lodge complaints against agencies
hemin Joy
Last Updated : 23 July 2021, 03:30 IST
Last Updated : 23 July 2021, 03:30 IST
Last Updated : 23 July 2021, 03:30 IST
Last Updated : 23 July 2021, 03:30 IST

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Senior Congress MP Manish Tewari is all set to move a private members bill in the Lok Sabha on Friday to bring intelligence agencies under a regulatory framework and oversight mechanism as well as prevent them furthering interests of the ruling party at a time the country is rocked by the Pegasus snooping scandal.

The Bill prevents the officials of the agencies -- Research and Analysis Wing (RAW), Intelligence Bureau (IB) and National Technical Research Organisation (NTRO) -- from entering a property or intercepting any form of communication without a warrant obtained from a designated officer not below the rank of Secretary.

Tewari's Bill comes at a time the government is facing criticism following revelation that Opposition leaders, former Election Commissioner, journalists and activists among others were targeted for surveillance using an Israeli spyware Pegasus.

The Intelligence Service (Powers and Regulation) Bill 2019, which has been listed for introduction in Lok Sabha on Friday afternoon, also aims to set up a Tribunal to provide citizens a mechanism to lodge complaints against the agencies for what the complainant believes has wrongfully done to him and an Ombudsman to address personnel's grievances.

The Bill, which could not be introduced in the past two years, is aimed at providing a proper legal framework to regulate surveillance using different technologies as well.

Emphasising the "urgent need" to balance the demands of security and privacy of individuals by ensuring safeguards against the "misuse of surveillance powers", the Bill seeks to regulate the "possible infringement of privacy of citizens while giving credence to security concerns".

In the Bill, Tewari proposes a nine-member National Intelligence and Security Oversight Committee with Rajya Sabha Chairman as the head and Lok Sabha Speaker, Prime Minister, Home Minister, Leaders of Oppositions in Lok Sabha and Rajya Sabha, one each MP from both the Houses and Cabinet Secretariat.

The oversight panel will examine the administration and compliance of the policy laid down under the law and it should submit annual report on their functioning to the Prime Minister, who can decide on removing information prejudicial to the working of the agencies. The Prime Minister is also tasked with laying copies of annual reports of RAW, IB and NTRO in Parliament.

The Centre should also set up a three member National Intelligence Tribunal headed by a sitting or retired Supreme Court judge for investigating complaints against RAW, IB and NTRO. The two other members should be a High Court judge and a former agency chief.

If the Tribunal finds merit in a complainant's case, the agencies should destroy all records related to it and stop operations against him. It could also award compensation to the complainant, restitution of property damaged by actions of agencies and take action against people responsible for targeting the complainant.

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Published 23 July 2021, 02:42 IST

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