Lawstreet Journal

Illegally Intercepted Calls Is an Infringement of Fundamental Right: Delhi High Court

Lawstreet Journal 19 Jan 2022 9:14pm

Image courtesy: Lawstreet Journal Judiciary Illegally Intercepted Calls Is an Infringement of Fundamental Right: Delhi High Court

The Delhi High Court in the case of Jatinder Pal Singh vs CBI held that permitting illegally intercepted messages and audio conversations as evidence would lead to manifest arbitrariness and promote violation of the fundamental rights of citizens.

Justice Chandra Dhari Singh held that as per Section 5(2) of the Telegraph Act, an order for interception can only be issued either on the occurrence of any public emergency or in the interest of public safety, as per the law laid down by the Supreme Court in PUCL.

He further said, "...if the directions of the Hon'ble Supreme Court in PUCL (Supra) which are now re-enforced and approved by the Hon'ble Supreme Court in KS Puttaswamy (Supra) as also the mandatory rules in regard to the illegally intercepted messages/audio conversations pursuant to an order having no sanction of law, are permitted, it would lead to manifest arbitrariness and would promote the scant regard to the procedure and fundamental rights of the citizens, and law laid down by the Hon'ble Supreme Court,".

The observations came as the Court set aside the 10-year-old order of a special CBI Judge framing charges against one Jatinder Pal Singh, under the Prevention of Corruption Act as well as section 120B (punishment for criminal conspiracy) of the Indian Penal Code.

In this case, Mr Singh was accused of being a mediator and paying a bribe of ₹2 crores to then chairman of the Medical Council of India (MCI), Ketan Desai, for allowing admission into the 4th Batch of MBBS in a… Continue Reading...


Tagged: Delhi High Court  
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