Delhi High Court stays CIC order directing TRAI to provide details on tapping of advocate's phone

The Delhi High Court on Monday stayed a Single Bench order upholding a direction of the Central Information Commission (CIC) to the Telecom Regulatory Authority of India (TRAI) to furnish information to a lawyer whose phone was allegedly tapped [Telecom Regulatory Authority of India v. Kabir Shankar Bose]..A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh stayed the order passed by Justice Suresh Kumar Kait on November 20, 2020.The order passed by Justice Kait held that TRAI being a regulatory authority of telecom service providers and a public authority under the Right to Information Act (RTI Act), could not refrain from disclosing such information..On Monday, the Division Bench of the High Court ordered,"The matter will be heard next on December 13. In the meantime, the CIC order shall remain stayed as not staying the order in question could wreak irreparable damage."The Court also added,"Prima facie, it appears that the balance of convenience in this case is in favour of the Regulatory Authority.".Appearing on behalf of TRAI, Advocate Maneesha Dhir contended that phone-tapping and surveillance can only be carried out with the approval of the Union Home Ministry, according to Section 5(2) of the Indian Telegraph Act. She also challenged the impleadment of TRAI in the matter."According to Section 12 of the TRAI Act, TRAI only has the power to call for such information where an authority considers it expedient to do so and gives prior approval," the appeal filed by TRAI stated.It also stated that as per Section 5 of the Telegraph Act, and the Rules, it must be noted that directions for interception cannot be issued unless the Secretary in the Union Ministry of Home Affairs orders so. Only in such a case does the service provider give information, it was argued.The plea further stated that information related to phone-tapping came under the ambit of Section 8 of the RTI Act, and was thus exempt from disclosure..In response, Advocate Kanika Singhal, appearing on behalf of the appellant, Kabir Shankar Bose, said that her client had filed an RTI to find out if his phone was being tapped, fearing his Right to Privacy being violated. Therefore, he had asked TRAI to furnish the required information.TRAI, on the other hand, had argued that only authorised agencies can tap phones and that disclosing the same would cause prejudice to the sovereignty, security and integrity of India..After TRAI refused to disclose this information, Bose finally approached the CIC, which passed an order in 2018 asking TRAI to obtain the information from Bose's service provider, Vodafone, and to provide it to him. Aggrieved by CIC's order, TRAI moved the Delhi High Court, after which Justice Kait upheld the CIC order, and directing TRAI to comply with the disclosure of its interception activities. Advocate Maneesha Dhir along with Advocates Saransh Gupta and Abhishek Kumar represented the Telecom Regulatory Authority. Meanwhile, Advocate Kanika Singhal appeared for Kabir Shankar Bose.