18
At the State/UT Level:
419A of the Telegraph
Rules, 1951
(a)Chief Secretary,
Chairman
(b) Secretary (Law)
(c) Secretary (Other than
Home Dept.)
Duration
Valid up to 60 days, Valid up to 60 days,
unless revoked earlier
Renewal
unless revoked earlier
3 times (or up to 180 days) 3 times (or up to 180 days)
Retention of 6 months
6 months
directions
Retention of 2 months, from the date of 2 months, from the date of
records
discontinuation
service provider
by
the discontinuation
by
the
intermediary or person incharge
of
computer
resources
II.
BRIEF STATEMENT OF FACTS
22.
In the past 45 years, since the introduction of Section 5(2) vide
the Telegraph (Amendment) Act, numerous instances of
excessive, arbitrary and abusive use of surveillance powers by
the State has come to the fore. For the first time, this Hon’ble
Court took serious cognizance on the widespread abuse of phone
tapping under Section 5(2) of the Telegraph Act in PUCL
Wiretapping (supra), referring to a CBI Report that found that:
“21. Investigation has revealed the following lapses on the part
of MTNL
(i)
In respect of 4 telephone numbers though they were
shown to be under interception in the statement
supplied by MTNL, the authorisation for putting the