Illegally Intercepted Messages Violate Fundamental Rights

Subject – Polity

Context – Allowing illegally intercepted messages as evidence violate fundamental rights: Delhi HC

Concept –

Delhi High Court has said that if illegally intercepted messages or audio conversations are permitted as evidence, it would lead to “manifest arbitrariness” and promote “scant regard” to the procedure and fundamental rights of the citizens, and the law laid down by Supreme Court.
Justice Chandra Dhari Singh said that rules framed under Telegraph Act require that the order granting permission to intercept telephone conversations is to be forwarded to the review committee within seven days of the order.
In its order, the court also said that as per Section 5 (2) of Telegraph Act, an order for interception can be issued on either occurrence of any public emergency or in the interest of public safety as per the law laid down by Supreme Court in the PUCL case.

Indian Telegraph Act, 1885

It governs the use of wired and wireless telegraphy, telephones, teletype, radio communications and digital data communications.
It gives the Government of India exclusive jurisdiction and privileges for establishing, maintaining, operating, licensing and oversight of all forms of wired and wireless communications within Indian territory.
It also authorizes government law enforcement agencies to monitor/intercept communications and tap phone lines under conditions defined within the Indian Constitution.
Section 5(2) of the act allows central and state governments to prevent the transmission of messaging during a “public emergency or in the interest of public safety”, or “in the interests of the sovereignty and integrity of India, the security of the state”.

To know about Indian Telegraph Right of Way (Amendment) Rules 2021, please refer October 2021 DPN.