SHASHIKANT JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has sought for quashment of order dtd. 28/10/2020, dtd. 28/12/2020 and 17/3/2021 passed by the Secretary (Home), Government of Rajasthan permitting interception of Mobile Phones of the petitioner and others in purported exercise of power under Sec. 5(2) of the Indian Telegraph Act 1885.

(2.) The challenge is on the ground that right to privacy has been infringed by putting the mobile phones of the petitioner and others on surveillance/spying by the State machinery. The orders are violative of Article 19 and 21 of the Constitution of India unless the same is consistent with the procedure established by law. In the case on hand, no reason for making of such orders is disclosed, rather are on teeth of the procedural requirement.

(3.) It is worth to notice that on the basis of information gathered on interception of mobile calls, FIR No. 20 of 2021 was registered on 12/4/2021 under Sec. 7 and 8 of the Prevention of Corruption Act as well as under Sec. 201 and 120B of the IPC with the Anti Corruption Bureau Police Station, Jaipur. After investigation of the case, charge-sheet No. 140/2021 dtd. 4/5/2021 has already been filed. On bare perusal of the call details disclosed in the FIR, it is evident that there is no direct evidence against the petitioner of being indulged in bribing any public servant rather in the purported trap proceeding, no graft money was recovered from possession of any of the accused persons including the petitioner.