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PIL against telephone tapping provision, Centre's reply sought

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Press Trust of India New Delhi
Last Updated : Mar 20 2013 | 9:20 PM IST
The Centre was today asked by the Delhi High Court to respond to a PIL seeking scrapping of legal provision on interception of telephone calls, contending its "indiscriminate" use was violative of fundamental rights.
The petition also sought a court-monitored probe into alleged "rampant" illegal tapping of phones in violation of Supreme Court guidelines.
Issuing notices to the Ministry of Telecommunication, the Director General of Ministry of Communication and Information and Technology and Secretary of Home Ministry, a division bench of Chief Justice D Murugesan and Justice V K Jain sought their replies by May 22.
The court was hearing a PIL, filed through Advocate S K Rungta, which alleged that the government machineries don't comply with the existing guidelines laid down by the Supreme Court while issuing orders to intercept the telephones of individuals.
"The orders for interception of telephones passed by the Home Ministry are always mechanical and stereotype wherein one and all allegations in one bunch without applying the procedures laid by law are issued," the PIL said.
"Order or direction declaring that Section 5 (2) of the Indian Telegraph Act is violative of the fundamental and statutory rights of the citizens, including their right of privacy.... And that the administrative action of governmental authorities in tapping the telephones of citizens, without adhering to the guidelines laid down by the Apex Court is also unconstitutional and invalid," as per the PIL.
The plea also said, "pass an order to prevent the use of indiscriminate telephone tapping by the government machinery illegally - resulting in the violation of the fundamental rights of the citizens as guaranteed under Article 14, 19 and 21 of the Constitution.

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First Published: Mar 20 2013 | 9:20 PM IST

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