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Phone tapping is allowed under the general provisions of Section 5 of
the Indian Telegraph Act, but only in "public emergency, or in the
interest of public safety". In 1997, the Supreme Court, in response to a
petition filed by justice Sachar, laid down five precepts for intercepting
conversations-in the interests of national sovereignty and integrity, state
security, friendly relations with foreign states, public order or for
preventing incitement to the commission of an offence. "Tapping
phones especially for tax evasion and corruption needs to be done only
in the rarest of rare cases," says former ips officer-turned-lawyer Y.P.
Singh.
There are seven Central agencies authorised to tap telephones-the IB,
ED, Delhi Police, CBI, DRI, Central Economic Intelligence Bureau and
the Narcotics Control Bureau. "Phone tapping is a legal instrument. It
should be kept in safe custody of the court or very few officers should
have access to it. Leaking tapes are like leaking official secrets; it not
only adversely affects an individual but is also harmful to
investigations and the prosecution process," says Arun Bhagat, former
director, IB.
Often a hint of suspicion can put you under the scanner. Home ministry
officials became suspicious of the flamboyant lifestyle of IAS officer
Ravi Inder Singh. The bureaucrat shunned his official accommodation
in favour of a plush guesthouse provided by his friend and co-accused
Vinit Kumar. Singh's phones were kept under observation where he
was heard referring to "Ukranian and Russian software", a code for
prostitutes. Hotels were referred to as hardware and bribes were called
laddoos. He was charged with giving clearance to a US-based telecom
company, Telecordia, for mobile number portability. Dozens of other
bureaucrats are believed to be under surveillance for similar reasons.
But for every legal case, there are hundreds of illegal wire taps. Five
years
ago,
a
Mumbai
newspaper
publicised
explicit
phone
conversations of actor Salman Khan. The Government claimed the
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