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WPA (P) 104 of 2022
and public safety. In terms of Sub-Rule 6 of Rule 2, the
order must be in accordance with the provisions of SubSection 2 of Section 5 of the Indian Telegraph Act, 1885
which also provides for issuance of order on occurrence
in public emergency or in the interest of public safety by
the State Government or the authorized officer. Hon’ble
Supreme Court in the matter of People’s Union For Civil
Liberties (PUCL) (supra) has examined the scope of
Section 5(2) and has held that:
“28. Section 5(2) of the Act permits the
interception of messages in accordance with the
provisions of the said section. “Occurrence of any
public emergency” or “in the interest of public
safety” are the sine qua non for the application of
the provisions of Section 5(2) of the Act. Unless a
public emergency has occurred or the interest of
public safety demands, the authorities have no
jurisdiction to exercise the powers under the said
section.
Public
emergency
would
mean
the
prevailing of a sudden condition or state of affairs
affecting the people at large calling for immediate
action. The expression “public safety” means the
state or condition of freedom from danger or risk
for the people at large. When either of these two
conditions are not in existence, the Central
Government
or
a
State
Government
or
the
authorised officer cannot resort to telephonetapping even though there is satisfaction that it is
necessary or expedient so to do in the interests of
sovereignty and integrity of India etc. In other
words, even if the Central Government is satisfied
that it is necessary or expedient so to do in the