Telephonic surveillance carried out in the interest of national security: Centre, CBI tell Delhi HC

Telephonic surveillance is carried out in the interest of national security after following the due procedure under the Indian Telegraph Act, 1885, the Central Government and the Central Bureau of Investigation (CBI) have told the Delhi High Court..The averment was made by the Centre and the CBI in their affidavits filed in a plea seeking formulation of guidelines on “tracing, tapping and surveillance of phone calls”..The plea filed by Advocate Sarthak Chaturvedi also sought the constitution of a Special Investigation Team (SIT) to investigate “abuse of power” by unnamed CBI officers who misused their power for illegal phone tapping..The matter is being heard by a Division Bench headed by Chief Justice Rajendra Menon..The Centre has informed the Court that interception of telephone calls by law enforcement agencies is carried out in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, or preventing incitement to the commission of an offence as defined in Section 5(2) of the Indian Telegraph Act..Further arguing that the exercise of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution is not absolute, the Centre has stated,.“..section 5(2) of the Indian Telegraph Act 1885 read with Rule 419A of the Indian Telegraph Rules framed in accordance with section 7(2)b Indian Telegraph Act 1885 and the SOP of May 2011 provides adequate safeguards to protect bonafide rights guaranteed under the Consitution of India and also meets the requirements stipulated under the Puttaswamy judgement.”.It has further stated that the records pertaining to interceptions are destroyed by the relevant competent authority every six months, unless these are likely to be required for functional requirement..Supporting the Centre’s stand, the CBI has submitted that “the responsibility and accountability of CBI towards national security and privacy of individuals” is always borne by the agency, by regularly apprising the competent authority about the outcome of telephonic surveillance..CBI has claimed that it “always follows” the provisions of the Indian Telegraph Act and Indian Telegraph Rules, 1951 while intercepting phone calls for its “operational requirements” after obtaining necessary authorizations..Denying all specific allegations on the phone tapping of former Special Director CBI Rakesh Asthana and NSA Ajit Doval, CBI has submitted that their calls were never intercepted at any point of time. Further,.“The veiled reference of the petitioner to illegal interception of phone numbers of Law Secretary and other IAS officers in vehemently denied.“.Both the Centre and the CBI have therefore prayed for dismissal of the petition as the mechanism of telephone surveillance is already provided for in the Indian Telegraph Act, 1885 and Indian Telegraph Rules, 1951..The Centre filed its affidavit through Advocate Gaurang Kantha, while CBI filed its affidavit though Special Public Prosecutor Rajdipa Behura..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.