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Prakash Yedhula (Lawyer)     29 November 2010

Stung by Radia tape, Tata may move to SC

Is the Right to Life, which includes right to privacy has been breached by the leakage of Nira Radia tapes.as claimed by Tata ?

 



 



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 10 Replies

Democratic Indian (n/a)     29 November 2010

Of course the Right to Privacy has been breached. IT Department was listening to the tapes ostensibly ONLY for investigating income tax related issues. But under no circumstances it was justified to release the tapes to media.

JT Rajasuriya, Chennai (Advocate 98410 53790)     29 November 2010

Leakage of tapped details selectively to the media and for other prosecution purposes goes against the right to privacy. There are well other documentary proof which can be produced against the guilty - not the exact transcriptt of communication. It just smacks of indecency.

Democratic Indian (n/a)     30 November 2010

Tapping of telephones by the government is permissible only in the rarest of rare cases affecting the sovereignty and integrity of the nation, and the economic offences do not fall among them. If the IT department is allowed to tap every telephonic conversation, then this will be the starting point of investigation in every case and there will be no personal freedom. If the government is allowed a free run in this matter, it will be easy for the ruling party to trump up charges against political opponents and then order indiscriminate tapping of conversations. The government's limited power to order wiretaps must be treated as an emergency power subject to scrutiny and revision by courts. Even in the rare situation where tapping is resorted to, it has to be done by an established legal procedure. The privacy of individuals at the other end of the conversations has to be protected at all times.

Vishwa (translator)     30 November 2010

Mr Ratan Tata can defend himself easily but the common man has no recourse when his fundamental rights are violated. He can be robbed, threatened, raped and violated with impunity. Nevertheless, Mr Tata's action will definitely bring some salutary relief to us poor citizens.
 

Naved Yar Khan (Owner)     30 November 2010

 Is Radia tape exposing a private matter or that affecting public?Imputation of truth which public good requires to be made or published,imputation for the public good -are First and Ninth Exceptions,respectively,in Section 499 (Defamation) of Indian Penal Code.If exposures have been made or published which public good requires or for the public good then Right to Life is not infringed.

Democratic Indian (n/a)     30 November 2010

"Public interest" or "public good" is not an undefined, overarching space under which blanket permission can be sought for tapping conversations. If the Income Tax Department was given a permission to tap such conversations, these tapes should have been restricted strictly to that investigating agency only. Surely, it is not the case that the Home Ministry had authorized the tapes to be leaked. Leaking the conversation, that was strictly meant for investigative purposes seems to have violated Ratan Tata's privacy. There seems to be an intention of malice, besides a breach of duty by the investigating team.

Abhijeet Desai ( )     03 December 2010

for a second lets keep the leak aside. can some one plz tell me if a phone is tapped for purpose eg- income tax  but in the tapes evidence of other crimes is found the what will happen ??

if the tapes can be used for the purpose of investigating the other crimes ??? if so under which section of ipc ???

Arup (UNEMPLOYED)     03 December 2010

personal liberty (under art 21) is a liberty, uptill it is not an offence.

right to privacy is so far a right  till it is not misused.

Arup (UNEMPLOYED)     03 December 2010

personal liberty (under art 21) is a liberty, uptill it is not an offence.

right to privacy is so far a right  till it is not misused.

sending the matter to media, not fare till court declares it an offence or against the prominant public policy.

Arup (UNEMPLOYED)     03 December 2010

all our (general public) electronic conversations, recorded. not some slected numbers.

 

am i right?


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