Madras High Court Quashes Unlawful Phone Tapping

Reasserting Right to Privacy under Article 21 Latest News

• In a landmark judgment with deep constitutional implications, the Madras High Court quashed a 2011 phone-tapping order issued by the Union Ministry of Home Affairs (MHA). 
• The Court held that such surveillance, absent the conditions of “public emergency” or “public safety,” violated the fundamental right to privacy under Article 21 of the Constitution. 
• The judgment reinforces jurisprudence established in the PUCL (1997) and Puttaswamy (2017) cases, reasserting right to privacy under Article 21.

Key Highlights of the Judgement

• Violation of Article 21 – Right to Privacy:
  • The Court ruled that phone tapping constitutes a breach of privacy unless it adheres to the procedure established by law.
  • The Court observed that covert surveillance for crime detection does not qualify under exceptions like public emergency or public safety.
  • The Court cited the K.S. Puttaswamy v. Union of India (2017) decision, which elevated the right to privacy to a fundamental right.
• Key observation by the Madras HC: “The impugned order does not meet the thresholds of ‘public emergency’ or ‘public safety’… It is a secretive operation which falls outside the legal framework laid down by the Supreme Court.”
• Case background:
  • Surveillance was authorised in 2011 under [Section 5(2)] of the Indian Telegraph Act, 1885 and (Rule 419-A) of the Indian Telegraph Rules, 1951, on the allegation of a bribe of ₹50 lakh to an Income Tax officer.
  • CBI argued interception was necessary to detect and prevent corruption.
  • A writ petition (under Article 226 of the Constitution) was filed in 2018 against the surveillance order.

‹ ›

Legal Framework and Judicial Interpretation

• Indian Telegraph Act and Rules:
  • Section 5(2) allows interception only in case of a public emergency or in the interest of public safety.
  • Rule 419-A mandates the interception to be reviewed by a Review Committee, which was not done in this case.
• Supreme Court precedents:
  • PUCL v. Union of India (1997): Established that phone tapping is permissible only under stringent conditions.
  • K.S. Puttaswamy (2017): Recognised privacy as a fundamental right under Article 21.
  • Maneka Gandhi v. Union of India (1978): Any law or procedure impacting fundamental rights must be just, fair, and reasonable.

CBI’s Contention and Court’s Rebuttal

• CBI’s arguments:
  • Claimed tapping was necessary to uncover a bribe.
  • Emphasized public interest in preventing corruption.
  • Claimed Rs 50 lakh cash was recovered from a car associated with the first accused (tax officer).
• Court’s response:
  • The petitioner was not present at the scene of seizure.
  • Scope of Section 5(2) cannot be expanded to accommodate secret crime detection.

Broader Constitutional Implications

• Evolution of the Right to Privacy: The court order detailed the evolution of the right to privacy, 
  • Tracing its journey from early British common law to landmark US Supreme Court cases like Katz v. United States, and 
  • Culminating in the Indian apex court’s interpretation in Puttaswamy.
• Emphasis: Executive overreach without legal sanction threatens democratic values.
• Reaffirmation: Procedure affecting fundamental rights must follow due process, aligning with natural justice and civilised norms.

Conclusion

• This verdict is a milestone in upholding individual liberties against unlawful state surveillance. 
• It clarifies the constitutional limitations on executive powers, particularly in the context of modern surveillance technologies, reinforcing the judiciary’s role in safeguarding democratic freedoms in India, and reasserting right to privacy under Article 21.

Source: TH | IE