Ajay Kumar (Govt) 25 April 2011

Illegal mobile interception/ monitoring

I am an army officer. I have a problem which I think can be solved in none other than this forum.
My BSNL phone nos are being intercepted/ monitored by my wife and my in-laws. We are living separately from past 9 months and I am anticipating 498a and DV shortly. She has already put up a case for maintenece under Army Act by writing frevolous complaints to various senior authorities.

Everytime I purchase a new no, it goes on monitoring, even after getting the new handset. Nos go on interception even when I am not sharing them with anyone else.

If some security agency wants to monitor my number in national interest, its absolutely no problem at all, rather it is welcome. but divulging the same contents to my wife and my in-laws is definitely objectionable. It can clearly be categorised as invasion of privacy.

As per the clause (5) of the Indian Telegraph Act 1885, the power of interception of communication can be used only when it is necessary or expedient to do in the interest of the sovereignty and integrity of India, security of the country, and for friendly relations with a foreign state. Maintenance of public order and prevention of incitement for the commission of an offence also justify the use of phone tapping and other means of communication interception.

The Indian law also mentions that even if the above conditions exist, the procedure of phone tapping is permissible only if carried out in a fair and reasonable manner.

The law also calls for formulation of precautions to be taken for preventing improper interception or disclosure of messages.

However, Section 69 of the Indian Technology (Amendment) Act, 2008 allows any government official or policemen to listen to calls, read SMS / emails and monitor websites visited by any person, if essential, in the interests of the country.

In my case none of the condition is applicable and even if it is applicable i do not think my wife and my in-laws should be privy to my communication.

It is gross misutlisation of govt resources for cheap selfish accomplishments.
Is there no way in this Country to bring the perpetrators to justice?

Is there a way You can help me on this?

Regards

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 25 April 2011

First you give a complaint to the concerned BSNL office regarding interception of your calls and insist them to stop that, if they failed to respond you then issue legal notice claiming compenstion.

I am wonder how come your calls even if you purchased New SIM. Why you are taking SIM on your name, you take a SIM from your frnd.

1 Like

Tajobsindia (Senior Partner ) 25 April 2011

@ Author

1. I think you are over reacting here. If Officers wives in India read your this message then they will have field days ahead of them and how come you know that your calls are being intercepted / monitored by your wife?

2. Govt. of India finds it so time consuming and explanatory to even do such things for their foes phone tapping especially after the recent Amar Singh binding precedent over subject matter and in Indian Family Law matters your wife is alleged to do so which I donot buy the facts mentioned herein.

3. I also suppose you have probably read one ex Col. of Indian Army case of Gurgaon few years back who set up illegal cell towers to route ISD calls illegally at much lower market cost than then prevailing market cost and was ultimately caught with multi - crores worth of equipments and if I apply this fact to yours then your wife seems to be drooling in Crores to have invested in your cell tapping / monitoring activity and leave aside her personal life of kitty parties etc. etc. just for few Rs. of maint. which she may or may not get that also from a Army officer whose entire records are available to her for call for records in Cmdt. Court of Law motion! Common Sir all these are over-reaction generally found in services Officers who know that even their plain postal letters are routed through C/o 56 APO and then they assume in such way as mentioned in your briefs!. You are a brave soldier of the nation and giving way to mind over matters !

4. Well, I can see you are well read on subject Laws but can you give instances by PM and or via this forum basis of such allegations from your side to understand you better!

BTW I was breifly posted at HAWS, Aru during late 80’s at one point of my career and my father is a Rtd. Col. from Madras Sappers so I have knowledge of Army CM and other Services matters mentioned in your brief thus I spoke freely here onto your briefs and take these as you may deem fit.

1 Like

Ajay Kumar (Govt) 25 April 2011

Dear Mr Rajeev, Thanks for your response. I have used other person's number also but it did not help. BSNL authorities might not accept that fact at all since I also do not have any documentry evidence. Pls advise.

Regards