WP.Nos.5466 & 5470 of 2020
same has also been approved by the Andhra Pradesh High Court in the case of
KLD Nagasree vs. Government of India reported in AIR 2007 AP 102,
wherein it is held as follows:
6. A bare reading of the above provision shows that for the
purpose of making an order for interception of messages in exercise of
powers under Sub-section (1) or Sub-section (2) of Section 5 of the
Telegraph Act, 1885 (for short, 'the Act'), the occurrence of any pubic
emergency or the existence of a public safety interest are the sine qua
non.
7. In the event of the occurrence of any public emergency or in
the interest of public safety the interception of messages can be
ordered under Sub-section (2) of Section 5 by the Central Government
or the State Government, if satisfied, that it is necessary or expedient
so to do in the interest of :
(i) The sovereignty and integrity of India.
(ii) The security of the State.
(iii) Friendly relations with foreign States.
(iv) Public order.
(v) For preventing incitement to the commission of an offence.
In the above, the action of the interception in the case on hand was for
detection, prevention, investigation and the prosecution of corrupt activities.
As such the contention of the petitioners that the Hon'ble Supreme Court of
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15/22