Phones cannot be tapped as part of covert operations aimed at detecting crime, says Madras HC
The Madras High Court on Wednesday held that the law does not allow for telephonic conversations or messages to be tapped for the purposes of covert operations aimed at crime detection.
The law permits phone tapping only in public emergencies or in the interest of public safety, the court said.
Justice N Anand Venkatesh was hearing a petition by P Kishore, the managing director of a company in Chennai named Everonn Education. The Central Bureau of Investigation had in 2011 filed a corruption case against three persons, including Kishore and an Income Tax official named Andasu Ravinder.
The agency alleged that the official demanded a bribe from the company to help it evade taxes, after which Kishore paid him Rs 50 lakh.
The Union home ministry had in August 2011 passed an order allowing Kishore’s mobile phone to be tapped. Kishore challenged the order before the High Court.
The court on Tuesday quashed the home ministry’s order, holding that phone tapping would violate the right to privacy unless it was authorised under a procedure established by law.
The home ministry had authorised the tapping of Kishore under Section 5(2) of the Indian Telegraph Act.
However, the court noted that the provision only allows for the interception of telephones in public emergencies or in the interest of...
Read more
News