Illegally recorded tapes can’t be evidence, says Delhi high court | Delhi News


NEW DELHI: The Delhi HC has held that permitting illegally intercepted messages and audio conversations as evidence, without any sanction, will lead to manifest arbitrariness and promote scant regard for the procedure and fundamental rights of the citizens. Such recordings are not admissible as evidence in courts, the HC said, while setting aside an order to frame charges against a man for allegedly facilitating MBBS admissions at a Patiala college in exchange of bribes.
Justice Chandra Dhari Singh said according to Section 5(2) of Telegraph Act, an order for interception could be issued on either the occurrence of any public emergency or in the interest of public safety as per the judgment of the Supreme Court in the People’s Union for Civil Liberties vs Union of India case in 1997.
The apex court had held the “right to privacy would certainly include telephone conversation in the privacy of one’s home or office”. Later, the Puttaswamy judgment had held the right to privacy was protected by the Constitution as an intrinsic part of the right to life and personal liberty under Article 21 and as part of the freedom guaranteed by Part III of Constitution of India.
CBI registered a case in 2010 for an alleged criminal conspiracy. In 2012, a trial court framed charges against the petitioner and other accused. The material submitted against the petitioner was the audio recording of his conversation with accused Sukhwinder Singh and Ketan Desai. According to the petitioner, the alleged recordings and all such material ought to be set at naught.
In its 80-page judgment, the high court noted that as per Rule 419A under Telegraph Act, an order of the home secretary granting permission to intercept telephonic conversations was to be forwarded to the review committee within seven days, which was not done in this case. “Therefore, this court is convinced that the special judge, while passing the impugned orders, has totally ignored the provisions of the aforesaid rules,” it added.
The tape records of the calls are not admissible since the due procedure for such interception wasn’t followed, the judge pointed out. “Even the same has not been verified in the FSL (forensic) report. No further witness/evidence to implicate the petitioner is on record.”





Source link

Leave a Reply

Your email address will not be published.

Legal Updates/News

Corruption a termite in every system: High court

Lucknow: The Lucknow bench of the Allahabad high court while refusing anticipatory bail to a government doctor, observed that corruption was a termite in every system and once it entered the system, it went on increasing. Rejecting the anticipatory bail of a government doctor, justice Krishna Pahal observed on February 25: “Corruption is a termite […]

Read More
Legal Updates/News

SC Allows CBI to Probe 17-Year-Old Girl’s Death by Suicide in TN

New Delhi: The Supreme Court on Monday allowed the CBI to proceed with the probe into the suicide of a 17-year-old girl in Thanjavur who was allegedly coerced to convert to Christianity. A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice on the appeal filed by the Tamil Nadu DGP challenging the […]

Read More
Legal Updates/News

SC Allows Future Retail to Move Delhi HC to Seek Resumption of NCLT Proceedings

The top court noted that the proceedings before the NCLT are at stage 8, meeting of shareholders, and that there are 15 stages for the final approval of the scheme. The top court granted liberty to Future Retail to move the high court seeking continuation of proceedings before NCLT beyond Stage 8. “Approach the Delhi […]

Read More