SANTOSH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Criminal Writ Petition has been preferred by the petitioner under Article 226 read with Article 227 of the Constitution of India, seeking a writ of Mandamus or any other appropriate writ or order or direction in the nature for quashing of the order no. 14/3/97-CBI dtd. 30/1/2018, issued by Ministry of Home Affairs (hereinafter "MHA") which permitted interception of telephonic calls of the petitioner, in the exercise of the powers conferred under Sec. 5(2) of the Indian Telegraph Act, 1885 and Rule 419 (A) of the Indian Telegraph Rules 2007. The Petitioner further seeks that the interception messages/calls obtained/recorded thereunder shall be destroyed and not to be used for any purposes.

(2.) Brief facts of the case are as laid down under:

(3.) Mr. Vikas Pahwa, learned senior counsel appearing on behalf of the petitioner submitted that reasons for "public emergency" or "public safety" were neither recorded in the Impugned Order nor attracted in the instant case. The substantive as well as procedural safeguards enumerated under Sec. 5(2) of Telegraph Act and Rule 419A of Telegraph Rules have been violated which has resulted in violation of fundamental right to privacy of the petitioner.