5 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

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