Intercepting phone calls to tackle large-scale corruption is legal: Delhi High Court

The Delhi High Court recently held that intercepting phone calls to tackle large-scale corruption is legal [Aakash Deep Chouhan v CBI & Anr]. 

Justice Amit Mahajan said that not all corruption allegations would have the capacity of influencing the public at large. 

But when substantial sums of money is involved, it meets the threshold of “public safety”, required under the Indian Telegraph Act, 1885 to allow interception of calls, the Bench ruled. 

“Although it cannot be generalized that all allegations in relation to corruption would have the capacity of influencing the public at large, the allegations herein don’t relate to a trivial project but one that was awarded for ₹2149.93 crores where the work sought by way of influence would have been of a substantial sum as well. The economic scale of the offence, in the opinion of this Court, satisfies the threshold of “public safety”," the Bench said.

The Court made the observations while dealing with a plea filed by one Aakash Deep Chouhan challenging a trial court order charging him with the offences of criminal conspiracy and provisions of the Prevention of Corruption Act. 

According to allegations, Chouhan worked with a company which tried to get a sub-contract from construction giant Shapoorji Pallonji, which was tasked with the redevelopment of Delhi’s Integrated Exhibition-Cum -Convention Centre at Pragati Maidan. 

The CBI intercepted several calls between the accused, which established the conspiracy. 

After considering the case, the Court upheld the trial court order and rejected Chouhan’s plea. 

Advocates Vaibhav Dubey, Kumar Vaibhav, Gautam Khazanchi and Mohd Ashaab appeared for the accused. 

CBI was represented through Special Public Prosecutor (SPP) Ravi Sharma as well as advocates Swapnil Choudhary, Ishaan Bhardwaj, Shivam Mishra and Madhulika
Rai Sharma. 

Central Government Standing Counsel (CGSC) Ripudaman Bhardwaj along with advocates Kushagra Kansal and Amit Kumar Rana appeared for the Central government.

[Read Judgement]