K L D NAGASREE Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This writ petition is filed assailing the order of the 1st respondent dated 17.11.2003 passed in exercise of the powers conferred under Section 5 (2) of the Indian Telegraph Act, 1885 directing interception of messages from the mobile telephone of the petitioner.

(2.) The facts, in brief, are as under:- The third respondent herein filed charge sheet No. 2/2005 dated 19.09.2005 in the C.B.I. Court, Visakhapatnam against three accused, the writ petitioner being A-2, for an offence punishable under Section 120-B IPC read with Section 7, Section 13 (1) (e) and Section 13 (2) of the Prevention of Corruption Act, 1988. The same was taken cognizance as C.C.No.1 of 2006 on the file of the C.B.I. Court, Visakhapatnam.

(3.) As per the charge-sheet dated 19-9-2005, the investigation revealed that between 11.11.2003 and 25.11.2003, there were telephonic conversation between the complainant and the accused persons, which established the demand of illegal gratification by A1 and A2, which was conveyed by A3 to the complainant. The conversations were recorded by the complainant on two audio cassettes. The Special Unit of C.B.I., New Delhi was monitoring the communication to and from Telephone No.98-484-61953 belonging to A2 (writ petitioner) after obtaining the approval of the competent authority Vide order No. 14/3/97-CBI dated 17.11.2003, Ministry of Home Affairs, Government of India. The call details of the accused persons and the complainant collected during the investigation established that the accused were involved in corrupt activities. Along with the charge sheet, list of documents consisting of 55 documents were filed, in which, the order of the Government of India dated 17.11.2003 purportedly passed in exercise of the powers under Section 5 (2) of the Indian Telegraph Act, 1885 (for short, 'the Act') read with Rule 419-A of Indian Telegraph Rules, 1951 (for short, 'the Rules') was filed as Document No. 37.