MOHD USMAN ALIAS HAJI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE grievance of the Petitioner in this petition is about the illegal interception of the telephonic conversations between the Petitioner and his family members which interception he assails as being in violation of his right to privacy under Article 21 of the Constitution. He also challenges the two orders authorizing such interception as being violative of the Indian Telegraph Act, 1885 (Act) read with Indian Telegraph Rules ('Rules) as amended by the Indian Telegraph (First Amendment) Rules 1999 [hereafter 'the amended Rules].

(2.) THE Petitioner alleges that on 30th April 2005 he was illegally detained and his mobile phone was misappropriated by the police and he was subjected to atrocities. Two separate criminal cases were instituted in connection with the arrest of the Petitioner. THE Petitioner alleges that during his detention by the police at the Special Cell, he overheard some police officers saying that the Petitioners mobile and landline phones were being tapped. It the circumstances the present writ petition was filed on the ground that that the interception of the Petitioners mobile and landline phones was contrary to the law as declared by the Supreme Court in Peoples' Union for Civil Liberties v. Union of India (1997) 1 SCC 301 (hereafter ,,the PUCL case).

(3.) IT is asserted that as on 30th April 2005 neither mobile phone No. 9811035816 nor the landline telephone No. 23269363 were under interception as alleged by the Petitioner.