Phone call interception: HC reserves its judgement

The Delhi High Court today reserved its order on a PIL seeking to declare a legal provision on interception of telephone calls as violative of citzens' fundamental rights.
A bench of Chief Justice G Rohini and Justice Jayant Nath said that it will pass an appropriate order considering the submissions made by both the parties.
PIL has sought court's direction declaring Section 5(2) of Indian Telegraph Act as "violative" of the fundamental rights and privacy of citizens.
Additional Solicitor General (ASG) Sanjay Jain, appearing for the Centre, however, had contended that there has been no indiscriminate telephone tapping by the government machinery.

Defending the existing law on tapping of telephonic conversations by law enforcement agencies, the ASG had said the legal mechanism for interception was framed keeping in mind the interest of the sovereignty and integrity of the country.
The ASG's submission had come on a PIL filed by advocate Ravindra Kumar that alleged that the government machinery did not comply with the existing guidelines laid down by the Supreme Court, while issuing orders to intercept telephones of individuals.

The petition said that "the apex court has laid down that right to privacy is an integral part of Fundamental Right to Life, and therefore it is imperative upon the legislature to suitably legislate to provide for constitutional safeguards against the arbitrary and indiscriminate exercise of power under Section 5(2) of the Indian Telegraph Act, so as not to infringe upon the Fundamental Right to Life."

After this ruling, Parliament ought to have amended the statutory provisions of Section 5(2) of the IT Act itself, it said.
The petition said that the administrative action of government authorities in tapping the telephones of citizens, without adhering to the guidelines laid down by the apex court, was unconstitutional and invalid.