No Mobile Tapping Permitted Without Approval of Home Secretary : Supreme Court

Service Element of Disability Pension

The Hon’ble Supreme Court held that No Mobile Tapping Permitted Without Approval of Home Secretary in the case of PUCL Vs. Union of India,  AIR 19997 SC 568. The relevant paras of are appended below : – 

In PUCL Vs. Union of India , AIR 1997 SC 568, the petitioner filed the Public Interest Litigation (PIL) in the wake of the report on ” trapping of politicians’ phones” by the CB and challenged the Constitutional Validity of section 5(2) of the Indian Telegraph Act, 1885. Upholding the right of privacy as the human right, the Hon’ble Supreme Court held that (1.2) “Right to Privacy would certainly include telephone – conversation in the privacy of one’s home or office. Telephone – tapping would, thus, infarct article 21 unless it is permitted under procedure established by law

Further the Apex Court held that (2.2) when a person is talking on telephone, he is exercising his right to freedom of speech and expression which is guaranteed under Artcle 19(1)(a) of the Constitution.” And issued orders and directions that. “An order of telephone tapping in terms of section 5(2) of the Telegraph Act, 1885 shall not be issued except by the Home Secretary, Government of India and Home Secretaries of the State Government.     


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