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Everyday, Pillai, the sole authoriser of such Central wiretaps, receives
hundreds of fresh written requests for electronic surveillance. A
majority of requests emanate from the Intelligence Bureau (IB), Income
Tax Department, Central Bureau of Investigation (CBI), Directorate of
Revenue Intelligence (dri) and the Enforcement Directorate (ED).
Additional requests also come from state agencies who need the home
ministry's permission to intercept phones in Union Territories. Law
enforcement agencies can tap a phone without the home secretary's
permission for the first week. Thereafter, a tap can be done only after a
strong case is
made. In reality, a weak argument works. Crime and terrorism are the
familiar rationales but they leave the door open for multi-level abuse.
Each state has an average of 2,000 to 3,000 phones under surveillance
at any given time.
Phone tapping is uncoordinated. Various agencies monitor numbers in
silos. At times, a single number is simultaneously being monitored by
multiple agencies of the state and Centre. The proliferation of off-theshelf sophisticated listening devices and absence of a Central database
compound the problem. Except in certain special laws, wiretaps can be
used only as corroborative evidence in courts. But it is so easily done
with such little effort that it becomes the first recourse for law
enforcement authorities. With an increasing reliance on phone tapping
as operational tools, the surveillance society is only set for
consolidation.
Activists argue for a US-like system where only a judge authorises
wiretaps after reviewing the evidence. "Civil liberties are far too
important to be left to the executive or the home secretary. There is
every danger of wrong permissions being given out, resulting in
indiscriminate tapping," says former chief justice Rajinder Sachar.
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