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

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