The Supreme Court has taken a very cautious approach to the "Forensic Preservation" of the digital devices, balancing the ED's investigative rights against the State's privacy claims.
Here are the specific instructions from the written order regarding the laptop and the "Green Folder":
Forensic Preservation & Sealing
The Court has issued a "Seal and Secure" directive rather than an immediate forensic handover.
Neutral Custody: The laptop and the physical documents (the "Green Folder") are to be placed in a sealed box in the presence of:
The Registrar (Judicial) of the Calcutta High Court.
A senior representative of the Enforcement Directorate (ED).
A senior official nominated by the West Bengal Chief Secretary.
The "Hash Value" Protocol: Before sealing, the Registrar has been directed to record the Hash Value (digital fingerprint) of the laptop in the presence of both parties to ensure that no data is added, deleted, or modified while in custody.
Location: The sealed material will be kept in the Strong Room of the Calcutta High Court, not at the State Secretariat (Nabanna), to maintain judicial neutrality.
The "Statement of Fact" (Due Tomorrow)
The Court has directed the West Bengal government to file a detailed affidavit by 4:00 PM tomorrow (January 13) addressing the following:
Identity of Devices: The exact make, model, and ownership of the laptop removed from the site.
The "Green Folder": A list of the categories of documents contained in the folder (without revealing the actual contents).
Legal Justification: The specific legal provision or "emergency" that necessitated the Chief Minister’s entry into a PMLA search site.
Protection for ED Officers
The written order explicitly stays all proceedings in the FIRs registered by the Kolkata Police against the ED raiding team. The CJI remarked that central officers must be able to perform statutory duties without the "sword of arrest" hanging over them for doing their jobs.
Instructions issued by Supreme Court:
Current Location Must be shifted to the Calcutta High Court Strong Room by 5:00 PM today.
Zero Access. Neither the ED nor the State can open or use the device.
Forensic Analysis Deferred. The Court will decide on Wednesday (Jan 14) whether to send it to CFSL (Central Forensic Science Laboratory) or return it to I-PAC after "scrubbing" sensitive political data.
The written order contains a significant footnote referencing the Vijay Madanlal Choudhary Review. It states that the "nature of the seized material" will be adjudicated keeping in view the evolving interpretation of Section 3 of the PMLA. This suggests that if the "untainted property" requirement is reinstated later this month, the ED may lose its right to keep the laptop if it only contains "political data" and no "financial laundering" evidence.
