WP.Nos.5466 & 5470 of 2020
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
Apt. 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 telephone tapping 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 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.
11.
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The learned Senior Counsel further submitted that the