WP.Nos.5466 & 5470 of 2020
COMMON ORDER
Both the writ petitions have been filed challenging the
order passed by the first respondent dated 20.11.2014 bearing order
No.14/3/97-CBI, thereby directed that any telephone message relating to
clandestine contact / movement / activity etc to and from 9841019190 and
9884218840 shall be intercepted and disclosed to Director, CBI.
2.
Mr.Sathish
Parasaran,
the
learned
Senior
Counsel
appearing for the petitioners submitted that the impugned order is against law,
arbitrary and contrary to the fundamental rights guaranteed under the
Constitution of India. It infringes into the right of the privacy of the petitioners
and contravention of Article 21 of the Constitution of India. The tapping of
telephones is violation of the right to freedom of speech and expression of the
petitioners herein and violative of Article 19(1)(a) of the Constitution of India.
There was no public emergency which could have enabled the authorisation of
any telephone tapping and hence, it is violative of the conditions mentioned in
Section 5(2) of the Indian Telegraph Act, 1985. It could be passed with limited
circumstances as mentioned under Section 5(2) of Indian Telegraph Act such
as (i) sovereignty and integrity of India (ii) Security of the State (iii) the
friendly relationship with foreign state or (iv) public order or (v) for
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