On January 18, the Delhi High Court held that allowing illegally-intercepted audio conversations as well as messages as evidence promotes the violation of the fundamental rights of citizens.
Justice Chandra Dhari Singh has said that as per Section 5(2) of the Telegraph Act, an order for the interception can only be issued after following two essential preconditions-occurrence of public emergency or in the interests of public safety, reported Bar and Bench.
Singh said “…if the directions of the Hon’ble Supreme Court in PUCL (Supra) which are now re-enforced and approved by the Hon’ble Supreme Court in KS Puttaswamy (Supra) as also the mandatory rules in regard to the illegally intercepted messages/audio conversations pursuant to an order having no sanction of law, are permitted, it would lead to manifest arbitrariness and would promote the scant regard to the procedure and fundamental rights of the citizens, and law laid down by the Hon’ble Supreme Court.
