Both Courts dealt with phone tapping and involved the reason of “preventing incitement to commit a crime.”
This is one of the legal grounds allowed for authorising phone tapping.
- The Delhi High Court upheld the interception order, and the Madras High Court quashed it.
- Madras court held that Telephone tapping constitutes a violation of the right to privacy (Fundamental Right under Article 21) unless justified by a procedure established by law.
The laws on phone tapping in India:
- Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024: Issued under the newly enacted Telecommunications Act, 2023, lay down the procedure and due process for the government to lawfully intercept message.
- The Information Technology Act, 2000: It governs the interception of WhatsApp messages, emails, etc.
SC ruling in People’s Union for Civil Liberties (PUCL) v. Union of India, 1997 case:
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