Lawstreet Journal

Telephone Tapping Can Be Allowed Only In Case Of Public Emergency Or In Interest Of Public Safety: Bombay HC [Read Judgment]

Lawstreet Journal 25 Oct 2019 6:40pm

Image courtesy: Lawstreet Journal Judiciary Telephone Tapping Can Be Allowed Only In Case Of Public Emergency Or In Interest Of Public Safety: Bombay HC [Read Judgment]

The Bombay High Court on October 22, 2019, in the case of Vinit Kumar v. Central Bureau of Investigation Economic Offences Division, has held that as per Section 5(2) of the Indian Telegraph Act, 1885, an order for interception can be issued on either the occurrence of any public emergency or in the interest of the public safety.

A Division Bench comprising of Justice Ranjit More and Justice N.J. Jamadar passing the ruling has granted relief to a 54-year-old Mumbai based businessman and quashed three separate orders passed by the Union Ministry of Home Affairs allowing Central Bureau of Investigation to intercept phone calls of the petitioner businessman in a case of bribery involving an official of a public sector bank. 

In the case, CBI alleged that the petitioner gave a bribe of Rs.10 lakh to the said bank official for credit-related favour. In three separate orders dated October 29, 2009, December 18, 2009 and February 24, 2010, interception of telephone calls of the petitioner was allowed. CBI registered an FIR against the petitioner on April 11, 2011. 

Petitioner contended before the court that the said action was ultra vires of Section 5(2) of the Indian Telegraph Act, 1885, in non-compliance of Rules made thereunder, and in violation of the fundamental rights guaranteed under Part-III of the Constitution of India.

Learned counsel appearing for the petitioner referred to the apex court's judgment in People's Union for Civil Liberties (PUCL) v. Union of India (1997) and the nine-judge constitution bench's decision… Continue Reading...


Tagged: Bombay High Court   Telephone Tapping  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com