PRADEEP RADHESHYAM VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition preferred by the petitioner under Article 226 of the Constitution of India, the petitioner has prayed for issuing directions against the respondent No.5Central Bureau of Investigation, to conduct the investigation qua the illegal obtaining of Call Detail Records (for short 'CDRs') by the Gujarat Police in respect of the mobile phone of the petitioner in connection with the investigation of the crime alleged to have been committed in the State of Maharashtra.

(2.) The facts of the case if put in a nutshell are as under :

(3.) The petitioner proposed an amendment in the memorandum of the petition, wherein he has added that the CDRs shared by the Gujarat Police with the respondent No.3 gets confirmed from the contents of the charge sheet filed by Borivali Police Station on March, 2014 and from the order passed by the learned Additional Chief Metropolitan Magistrate dated June 08, 2015, granting permission to the concerned officer to carry out further investigation. It is further urged that the action of the Gujarat Police is in violation of Article 12 of the Universal Declaration of Human Rights, 1948, and Article 17 of the International Covenant on Civil and Political Rights, 1966, to which India is a party, which has been ratified by India in the year 1979. It is further alleged that the Gujarat Police has illegally and without any authority carried out the interception, monitoring and decryption of the petitioner's data and also illegally shared it with the respondent No.3. Likewise, it is urged that the respondent No.4 is a telecommunication company, has inherent public duty to maintain confidentiality of customer information and it is also under its statutory obligation to comply with the terms and conditions of the licence granted to it by the Central Government. The petitioner has also prayed for amendment in the prayer clauses, which read as under :