20
for the last 5 years, in case of IB, as soon as the new quarterly
statement is prepared, the old returns are destroyed for reasons
of secrecy. The desirability of maintenance of uni-return and
periodicity of these documents needs to be examined.”
A.
Directions of this Hon’ble Court in Wiretapping
Judgment
23.
Following
such
egregious
instances,
revealed
by
the
investigations conducted by the CBI, this Hon’ble Court was
pleased to issue the following directions in PUCL Wiretapping
(supra):
“35. We, therefore, order and direct as under:
1. An order for telephone-tapping in terms of Section 5(2)
of the Act shall not be issued except by the Home
Secretary, Government of India (Central Government)
and Home Secretaries of the State Governments. In an
urgent case the power may be delegated to an officer of
the Home Department of the Government of India and
the State Governments not below the rank of Joint
Secretary. Copy of the order shall be sent to the Review
Committee concerned within one week of the passing of
the order.
2. The order shall require the person to whom it is
addressed to intercept in the course of their transmission
by means of a public telecommunication system, such
communications as are described in the order. The order
may also require the person to whom it is addressed to
disclose the intercepted material to such persons and in
such manner as are described in the order.
3. The matters to be taken into account in considering
whether an order is necessary under Section 5(2) of the