Tapping phone calls in the interest of the nation within rules; the CBI and the Centre to the High Court

The Central Bureau of Investigation (CBI) and the Central Government informed the Delhi High Court that telephonic surveillance is carried out for the benefit of national security within the rules given under the Indian Telegraph Act, 1885.

The above statement was given by the Centre and the CBI in their affidavits in a petition sought for alteration of guidelines on “tracing, tapping and surveillance of phone calls”. In addition, the petition sought the constitution of Special Investigation Team (SIT) for investigation upon “abuse of power by few unnamed CBI officers who took advantage for illegal phone tapping.

Keeping a tap on phone calls by the law enforcement agencies is in the interest of security of the country, maintaining public order or preventing any kind of motivation to the commission of an offence as defined in Section 5(2) of the Indian Telegraph Act said the Centre.

In its argument the Centre stated that the exercise of freedom of speech and expression under Article 19 (1) (a) of the Constitution is not absolute. It further stated that the recordings are destroyed by the relevant competent authority in every six months, unless those are likely to be used in the future for functional requirement.

The CBI supported the Centre stating that the responsibility and accountability towards the national security and privacy of individuals is carried out by the agency, by regularly updating with informational outcome of telephonic surveillance. It further submitted that it always follows the regulation of the Indian Telegraph Act and obtains necessary authorizations before intercepting calls.

In denial of all specific allegations the CBI submitted that the calls of former Special Director CBI Rakesh Asthana and NSA Ajit Doval were never tapped at any point of time.

Hence, both the Centre and the CBI prayed for dismissal of the petition as the mechanism of telephone surveillance is already provided.