Lawfare – General, Others

The Madras High Court on Wednesday quashed an order by the Centre that authorised tapping of mobile phone in connection with an ongoing corruption case probed by Central Bureau of Investigation. The court held that telephone tapping constitutes a violation of the right to privacy unless justified by a procedure established by law.

Justice N Anand Venkatesh observed that the right to privacy is now an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution.

The judge said section 5(2) of the Telegraph Act authorises interception of telephones on the occurrence of a public emergency or in the interests of public safety. Both these contingencies were not secretive conditions or situations. Either of the situations would be apparent to a reasonable person.

According to PTI, as laid down in paragraph 28 of the decision of the Apex court in People’s Union for Civil Liberties, it was only when the above two situations exist that the authority may pass an order directing interception of messages after recording its satisfaction that it was necessary or expedient so to do in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order or for preventing incitement to the commission of an offence, the judge added.