(1.) This is a petition filed by the petitioner under Article 226 of The Constitution of India challenging an order dtd. 12/8/2011 passed by the first respondent under Sec. 5(2) of the Telegraph Act, 1885 (hereinafter called the Act) and Rule 419-A of the Telegraph Rules, 1951 (hereinafter called the Rules) authorizing tapping of the mobile phone of the petitioner by the second respondent.
(2.) This case raises seminal constitutional questions touching the scope of the right to privacy and the power of the Law Enforcement Agencies to resort to covert surveillance by tapping the mobile phones to obtain information regarding the commission of an alleged crime.
(3.) The circumstances giving rise to this challenge are as under: