Law on Phone-Tapping, and two HC rulings

Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Phone-Tapping Issues.

Context:

Recently, the Madras and Delhi High Courts delivered differing judgments on Phone-Tapping. Specifically, on whether the government can intercept calls of suspects to gather evidence before a crime is committed.

• The Madras High Court appeared to support such surveillance, while the Delhi High Court took a more cautious stance, raising concerns about privacy and legal safeguards.
• The contrasting rulings highlight the legal ambiguity surrounding phone tapping for preventive investigation in India.

Key Takeaways:

The Indian Telegraph Act, 1885, initially designed for telegram interception, has been expanded over time to include telephonic conversations.

• Section 5(2) of this Act allows both state and central governments to authorize interception “on the occurrence of any public emergency, or in the interest of the public safety.”
• The rights to free speech and privacy are fundamental rights under the Indian Constitution, any encroachment on these rights through surveillance is permissible only on narrow constitutional grounds.
• These grounds include the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, or preventing incitement to the commission of an offense.
• These are enumerated as “reasonable restrictions” under Article 19(2) of the Constitution.

High Court Rulings: Divergent Interpretations Recently, the Madras and Delhi High Courts have addressed the issue of phone-tapping in separate cases, particularly concerning the “preventing incitement to the commission of an offense” ground.

• The courts examined whether economic offenses could be deemed a “public emergency” or a matter of “public safety.”

High Court Rulings Delhi High Court:

• Case Context: Involved a contractor suspected of attempting to secure a sub-contract through bribery.
• Ruling: Court upheld the interception order, asserting that the scale of corruption (Rs 2,149.93 crore) posed a threat to public safety.
• The court emphasized that corruption has wider economic implications, posing a risk to public trust and threatening national economic safety.

Madras High Court: Case Context: Related to an accused allegedly trying to bribe a tax officer to conceal income.

• Ruling: The Madras High Court quashed the interception order, stating that tax evasion does not constitute a “public emergency.”
• The court underscored that the MHA’s legitimate aim in this instance did not meet the high threshold necessary for valid interception under Section 5(2).
• The court also noted procedural non-compliance with previous Supreme Court guidelines, ruling that unlawfully obtained evidence is inadmissible in court.

Challenges and Measures in Phone Tapping and Privacy Protection:

Conclusion:

• The law on phone-tapping in India is a complex and sensitive issue, requiring a delicate balance between the state’s need to maintain security and the individual’s right to privacy.
• The differing interpretations by the Delhi and Madras High Courts highlight the need for greater clarity in the law and stricter adherence to procedural safeguards.
• By addressing the challenges and implementing the measures outlined above, India can ensure that phone-tapping is used responsibly and in accordance with the Constitution.

https://indianexpress.com/article/explained/explained-law/explained-law-on-phone-tapping-and-two-hc-rulings-10112505/

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