6
WPA (P) 104 of 2022
interest of the sovereignty and integrity of India or
the security of the State or friendly relations with
sovereign States or public order or for preventing
incitement to the commission of an offence, it
cannot
intercept
the
messages
or
resort
to
telephone-tapping unless a public emergency has
occurred or the interest of public safety or the
existence of the interest of public safety requires.
Neither the occurrence of public emergency nor
the
interest
of
public
safety
are
secretive
conditions or situations. Either of the situations
would be apparent to a reasonable person.
29. The first step under Section 5(2) of the
Act, therefore, is the occurrence of any public
emergency or the existence of a public safety
interest. Thereafter the competent authority under
Section 5(2) of the Act is empowered to pass an
order of interception after recording its satisfaction
that it is necessary or expedient so to do in the
interest of (i) sovereignty and integrity of India, (ii)
the security of the State, (iii) friendly relations with
foreign States, (iv) public order or (v) for preventing
incitement to the commission of an offence. When
any of the five situations mentioned above to the
satisfaction of the competent authority require
then the said authority may pass the order for
interception of messages by recording reasons in
writing for doing so.”
Till now no cogent material has been placed before
us justifying such internet suspension order on the
ground of “occurrence of any public emergency” or “in the
interest of public safety.”