Cellular operators across the country have been warned about allowing unauthorised tapping of phones.
We have instructed cellular operators not to allow tapping of phones without the home ministrys authorisation, as this would be construed as being a party to contempt of court, legal consultant to the Cellular Operators Association of India (COAI), Manjul Bajpai said.
Cellular operators had approached their legal counsel for an opinion on phone tapping about two months ago in response to a flurry of requests for tapping, especially from the police department.Subsequently, the legal counsels opinion was circulated among the 24 members of COAI.
While all cellular operators possess the capability of tapping conversations on mobile phones, Bajpai advised them to obtain a certified true copy of the interception order before acceding to an interception request and allow interception of messages of only specified phone numbers.
Allowing tapping of any telephone without such orders would not be proper and, in fact, be construed as being a party to contempt of court committed by an officer of the government tapping messages without such proper orders, Bajpai said.
Recently, the Supreme Court had held that right to privacy was part of the right to life and personal liberty under Article 21 of the Constitution.
Telephone tapping would, thus, violate Article 21 unless it is permitted under the procedure established by the law, the Court said.
An order for telephone tapping can be issued only by the home secretary of the government and home secretaries of state governments. In an urgent case, the power may be delegated to an officer of the home department of the government and the state governments not below the rank of joint secretary, the Court said.
Cellular operators have also been instructed not to allow interception after the expiry of two months from the date of issue of the interception order.
